If a woman is afflicted with an illness, is it permissible for him to marry?
Machine translationRead the Arabic original
Fatwa No. ( 8795 )
Q: I am a young Muslim man. I married an Austrian girl who converted to Islam, and we had a child. After that, she was afflicted with a terminal illness, which is uterine cancer, making it impossible for me to have marital relations with her. For this reason, I wanted to marry another woman, but my wife refused. She conditions her consent to my marrying another on my divorcing her. Please note that in this case, her mother would take the child, which could lead to problems for the child, as he would be raised in the environment of his non-Muslim family. I also inform you that in our marriage contract, we did not stipulate that I would not marry another woman. Please advise us, may Allah preserve you, on the appropriate solution you see for this problem. If I marry, I lose the child, and if I do not marry, my marital rights are lost.
A: We advise you to marry, because of the many benefits in it, some of which the Prophet (peace and blessings be upon him) mentioned in his saying:Mishkat al-Masabih 3080 , which is agreed upon as authentic from the
of Ibn Mas'ud (may Allah be pleased with him). As for who of you two has the stronger right to the child, that is to be referred to the Shari'ah court. And Allah the Exalted said:[At-Talaq 65:2-3] . We also advise you to be kind to the child's mother and not to forget her in terms of good deeds if Allah decrees separation between you two. May Allah cure her of what has afflicted her, and may He expiate the sins for her and for you. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am a young Muslim man. I married an Austrian girl who converted to Islam, and we had a child. After that, she was afflicted with a terminal illness, which is uterine cancer, making it impossible for me to have marital relations with her. For this reason, I wanted to marry another woman, but my wife refused. She conditions her consent to my marrying another on my divorcing her. Please note that in this case, her mother would take the child, which could lead to problems for the child, as he would be raised in the environment of his non-Muslim family. I also inform you that in our marriage contract, we did not stipulate that I would not marry another woman. Please advise us, may Allah preserve you, on the appropriate solution you see for this problem. If I marry, I lose the child, and if I do not marry, my marital rights are lost.
A: We advise you to marry, because of the many benefits in it, some of which the Prophet (peace and blessings be upon him) mentioned in his saying:
Young man, those of you who can support a wife should marry, for it keeps you from looking at strange women and preserves you from immorality; but those who cannot should devote themselves to fasting, for it is a means of suppressing sexual desire.
يا معشر الشباب من استطاع منكم الباءة فليتزوج، فإنه أغض للبصر وأحصن للفرج، ومن لم يستطع فعليه بالصوم، فإنه له وجاءof Ibn Mas'ud (may Allah be pleased with him). As for who of you two has the stronger right to the child, that is to be referred to the Shari'ah court. And Allah the Exalted said:
And whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.