Ruling on the annulment of the marriage contract in the case of infertility or suspicion that the husband's family has cast a spell on his wife
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A man married a woman for approximately twelve years, and Allah did not bless them with children. After this period, the wife is now demanding a divorce without any valid reason, and he is refusing to grant it. What are the consequences for him, given that the woman's family is pressing him for a divorce?
May Allah reward you! We do not know who is the cause, whether it is the man or the woman.
The questioner: O Shaykh! The woman claims that the husband's family performed a spell on her to prevent offspring, and she is demanding [divorce] on that basis.She says: She cannot live with this man because his family performed a spell on her.
The Shaykh: I mean: the man is unable to have intercourse with her?The questioner himself: He has intercourse with her, but pregnancy does not occur.
The Shaykh: In any case: if the affliction is from the husband, the wife has the right to demand a divorce. If he does not divorce her, the judge will divorce her on his behalf.
The questioner: No.
There is no defect in the man, and there is no defect in her either.
The Shaykh: If the defect is not from this one or that one, then maintaining the marriage as it is is the correct course.
The questioner: But the family, O Shaykh, is demanding a divorce.
The Shaykh: Well, why not take a ruling from his family and a ruling from her family? One from these and one from those, and they look into the matter.
The questioner: Now, O Shaykh! They have resorted to the court.
The Shaykh: Then: praise be to Allah, as long as they have resorted to the court, the matter will be settled.
May Allah reward you! We do not know who is the cause, whether it is the man or the woman.
The questioner: O Shaykh! The woman claims that the husband's family performed a spell on her to prevent offspring, and she is demanding [divorce] on that basis.She says: She cannot live with this man because his family performed a spell on her.
The Shaykh: I mean: the man is unable to have intercourse with her?The questioner himself: He has intercourse with her, but pregnancy does not occur.
The Shaykh: In any case: if the affliction is from the husband, the wife has the right to demand a divorce. If he does not divorce her, the judge will divorce her on his behalf.
The questioner: No.
There is no defect in the man, and there is no defect in her either.
The Shaykh: If the defect is not from this one or that one, then maintaining the marriage as it is is the correct course.
The questioner: But the family, O Shaykh, is demanding a divorce.
The Shaykh: Well, why not take a ruling from his family and a ruling from her family? One from these and one from those, and they look into the matter.
The questioner: Now, O Shaykh! They have resorted to the court.
The Shaykh: Then: praise be to Allah, as long as they have resorted to the court, the matter will be settled.