Does a husband whose wife is not suitable for him, in that every time she becomes pregnant with him she gives birth to a child with a deformity, not normal in the usual creation, does he have the right to divorce her, and likewise
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The questioner: We return to your words before... You said, Your Eminence, that abortion is not permissible on the basis that science has proven that the fetus may have a disability or die. I know a husband and wife where every time they had children, they would give birth to disabled children, as a result of specific genes regarding the union of this husband and this wife, which results in disabled children, even though if the husband married a second woman and the wife married another man, they might have normal or natural children. So what is your opinion on this situation?
The Shaykh: I have answered a question like this before.
The questioner: Regarding their life, the two of them together, whether...
Al-Halabi: This question is a second issue, meaning a man is married to a woman, meaning the physical nature and the male and female genes are not compatible between them, and consequently, every time the man impregnates this woman, etc., it results in a disabled child. But if he married another woman and she married another man, the fetus would be normal. So, should their life continue on this basis and they be patient? Or does the Shari'ah permit them divorce? Or does it obligate them to do so?
The Shaykh: Do you mean this? I mean, the brother heard the word divorce explicitly from him, and I did not hear it from you.
The questioner: I am speaking on the basis of whether it is in the interest of Islam or Muslims to have children who come and it is known in advance that they will be disabled? Or will they be...?
The Shaykh: I believe, my brother, that we have answered this as well, and we said when we spoke with the brother, is it certain that the child will be disabled? Because science is not always certain. And I do not know if you were present or not.
The questioner: I was. This discussion is in the case where pregnancy actually occurs, but now we are talking before pregnancy?
Al-Halabi: Is it certain or not certain?
The Shaykh : How?
The questioner: Sometimes the ratio is one in fifteen, meaning in this case, out of every sixteen, a healthy child is born, and out of sixteen, for example, ...
The Shaykh: The answer to this has already been given, my brother. We said that it must be seen in this society, people with their differences and variations in their minds, in their perfection... etc.; because things are clarified by their opposites. I see that the question is the same, but perhaps there is something in it that is extra compared to what was said before, but I am not able to understand it from him.
The questioner: I mean regarding these husband and wife, of course, their life will become hell, when he has one or two children, he will remain...
The Shaykh: I see you are going to return to the brother's word here. Okay, their life is hell, what is the solution? Is the solution, as you indicated, that each takes his own path? Perhaps this one marries another wife and no problem occurs, and perhaps that one marries another husband and no problem occurs. So, does the husband divorce his wife here? Or is there no solution to the problem for you? Is the solution to the problem abortion?
The questioner: No, no, I am not talking about abortion.
The Shaykh: Okay, so what is the question?
The questioner: I am talking about whether it is better for the husband to leave his wife so that they do not have disabled children? Meaning, the Messenger (peace and blessings be upon him) said:, so the Messenger (peace and blessings be upon him) boasts of us to the nations, meaning on the basis that we are people who will remain a complete nation. So, is it in the interest of Islam that they have disabled or mentally retarded children?
The Shaykh: No, it is not in the interest of Islam? But what is the solution? Is it abortion? Because you are looking into an issue. So I gave you the answer that it is not in the interest of Islam, so what is the solution?
The questioner: Is it better for the husband to look for another woman and divorce her and look for a second one?
The Shaykh : -He laughsThe Shaykh : (may Allah have mercy on him) - No, the best is if he has a wife who brings him complete children, that he look for a second wife - he laughsThe Shaykh : (may Allah have mercy on him) - Not that he has a wife who brings him disabled children. If he has a wife who brings complete children, then for him to marry a second one over her is better for him. So what about the case you are asking about? Did you get the answer or not?
The questioner: Yes.
The Shaykh: He may marry over her, but tell me now, we are treating the issue with partial treatments. This first wife who brings him disabled children, on the conditionThe questioner : , as you mean, does he keep her? And bring the other? And is there no shame in religion, as it is said, his intercourse with the second is like his intercourse with the first? Or is his intercourse with the first much less than his intercourse with the second? What is your opinion?
The questioner: How can he prevent pregnancy? It comes from him.
: The truth is, he is after
The questioner: He does not intend separation...
The Shaykh: This man, if he marries another, his connection with her will be more than with the first, is that not so?
The questioner: Yes.
The Shaykh: Okay, and in this case, is it not permissible that something of injustice and oppression befalls her?
The questioner: Yes.
The Shaykh: Okay, so what is the solution?
The questioner: We have returned to where we started.
The Shaykh : That is it.
The questioner: Meaning separation?
The Shaykh: Separation, separation, each takes his own path, there is no obstacle. Islam permitted divorce without injustice befalling the divorced woman, without doubt. If there is no harmony for one reason or another, and the reasons are very many, for example, a difference in morals and temperaments, a difference in sexual connection, there is no compatibility in many cases, so he lets her go and each takes his share.
The Shaykh: I have answered a question like this before.
The questioner: Regarding their life, the two of them together, whether...
Al-Halabi: This question is a second issue, meaning a man is married to a woman, meaning the physical nature and the male and female genes are not compatible between them, and consequently, every time the man impregnates this woman, etc., it results in a disabled child. But if he married another woman and she married another man, the fetus would be normal. So, should their life continue on this basis and they be patient? Or does the Shari'ah permit them divorce? Or does it obligate them to do so?
The Shaykh: Do you mean this? I mean, the brother heard the word divorce explicitly from him, and I did not hear it from you.
The questioner: I am speaking on the basis of whether it is in the interest of Islam or Muslims to have children who come and it is known in advance that they will be disabled? Or will they be...?
The Shaykh: I believe, my brother, that we have answered this as well, and we said when we spoke with the brother, is it certain that the child will be disabled? Because science is not always certain. And I do not know if you were present or not.
The questioner: I was. This discussion is in the case where pregnancy actually occurs, but now we are talking before pregnancy?
Al-Halabi: Is it certain or not certain?
The Shaykh : How?
The questioner: Sometimes the ratio is one in fifteen, meaning in this case, out of every sixteen, a healthy child is born, and out of sixteen, for example, ...
The Shaykh: The answer to this has already been given, my brother. We said that it must be seen in this society, people with their differences and variations in their minds, in their perfection... etc.; because things are clarified by their opposites. I see that the question is the same, but perhaps there is something in it that is extra compared to what was said before, but I am not able to understand it from him.
The questioner: I mean regarding these husband and wife, of course, their life will become hell, when he has one or two children, he will remain...
The Shaykh: I see you are going to return to the brother's word here. Okay, their life is hell, what is the solution? Is the solution, as you indicated, that each takes his own path? Perhaps this one marries another wife and no problem occurs, and perhaps that one marries another husband and no problem occurs. So, does the husband divorce his wife here? Or is there no solution to the problem for you? Is the solution to the problem abortion?
The questioner: No, no, I am not talking about abortion.
The Shaykh: Okay, so what is the question?
The questioner: I am talking about whether it is better for the husband to leave his wife so that they do not have disabled children? Meaning, the Messenger (peace and blessings be upon him) said:
Multiply in number and propagate, for I will boast of you to the nations
تكاثروا تناسلوا فإني مباهٍ بكم الأممThe Shaykh: No, it is not in the interest of Islam? But what is the solution? Is it abortion? Because you are looking into an issue. So I gave you the answer that it is not in the interest of Islam, so what is the solution?
The questioner: Is it better for the husband to look for another woman and divorce her and look for a second one?
The Shaykh : -He laughsThe Shaykh : (may Allah have mercy on him) - No, the best is if he has a wife who brings him complete children, that he look for a second wife - he laughsThe Shaykh : (may Allah have mercy on him) - Not that he has a wife who brings him disabled children. If he has a wife who brings complete children, then for him to marry a second one over her is better for him. So what about the case you are asking about? Did you get the answer or not?
The questioner: Yes.
The Shaykh: He may marry over her, but tell me now, we are treating the issue with partial treatments. This first wife who brings him disabled children, on the conditionThe questioner : , as you mean, does he keep her? And bring the other? And is there no shame in religion, as it is said, his intercourse with the second is like his intercourse with the first? Or is his intercourse with the first much less than his intercourse with the second? What is your opinion?
The questioner: How can he prevent pregnancy? It comes from him.
: The truth is, he is after
The questioner: He does not intend separation...
The Shaykh: This man, if he marries another, his connection with her will be more than with the first, is that not so?
The questioner: Yes.
The Shaykh: Okay, and in this case, is it not permissible that something of injustice and oppression befalls her?
The questioner: Yes.
The Shaykh: Okay, so what is the solution?
The questioner: We have returned to where we started.
The Shaykh : That is it.
The questioner: Meaning separation?
The Shaykh: Separation, separation, each takes his own path, there is no obstacle. Islam permitted divorce without injustice befalling the divorced woman, without doubt. If there is no harmony for one reason or another, and the reasons are very many, for example, a difference in morals and temperaments, a difference in sexual connection, there is no compatibility in many cases, so he lets her go and each takes his share.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.