Marriage is an institution that brings about love, joy, affection and sexualsatisfaction to both husband and wife. One of the objectives of marriage is to promoteprocreation of human nature on the surface of the earth. This obviously stems from thelawful union between the married couples. In Islamic law, the term marriage is referredto as “aqd al-nikah” i.e. the formal contract which signifies the commitments andconsent of both parties to abide by the terms, conditions and lawful stipulations of theagreement as contained in Shari‘ah (Islamic law). Consent is one of the essentials ofmarriage contract under the Islamic corpus juris. Once parties have unequivocallyconsented to get married to one another, they should equally be bound by what theyhave consented to. As a matter of the religious injunction both husband and wife havesimilar and reciprocal rights and duties to one another. One of such rights is the right ofsexual relationship. It is indeed an obligation on a wife to allow her husband have andfulfill his sexual desire, and vise-versa. However, such right and obligation can bederogated and/or waived in some circumstances enumerated by shari‘ah itself. In lightof this therefore, the paper examines the husband’s right to sex under the shari‘ah witha view to analyzing the legal implication, scope and effects of “a marital consent” inIslamic marriage contract. In the end, the paper juxtaposes the position of shari‘ah onthe husband’s right to sex from the notion of marital rape. Finally, the paperrecommends for the enactment of an Islamic Family Code in Muslims dominatedcommunities, with emphasis on provisions of stringent physical punishment on theperpetrators as well as issues of compensation, forfeiture and apology to the victims ofthe violence should be made compulsory.