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Wife's Right to Seek Divorce If Husband Is Infertile

❀ If the Husband is Infertile, Is It Permissible for the Wife to Seek Divorce? ❀


Source:

This article is derived from the book “500 Questions and Answers for Women” based on the fatwas of the scholars of the Haramain, translated by Hafiz Abdullah Saleem.


❖ Question:​


A woman has been married for a long time but remains childless. After undergoing medical examination, it was revealed that the deficiency lies with the husband, making it impossible for him to have children.
In this case, does the wife have the right to demand a divorce?

❖ Answer:​


When it becomes evident that infertility lies solely with the husband, then the wife does have the right to request a divorce from him.
✔ If the husband grants the divorce, that is best.
✔ Otherwise, the judge (Qāḍī) may annul the marriage (فسخ نکاح), because the wife also has the right to bear children.


Many women enter into marriage primarily for the purpose of having children.
Thus, if a woman's husband is incapable of fathering children, she is entitled to seek divorce or annulment of the marriage.


✅ This is the stronger opinion among the scholars.

(By: Shaykh Muhammad ibn Salih al-‘Uthaymeen حفظه الله)
 
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