If a man is infertile, is it permissible for the woman to request a divorce?
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The questioner : Peace be upon you.
Your Eminence, a man has been married to a woman for approximately twelve years, and Allah has not blessed them with offspring. After this period, the wife requested a divorce, which is not a problem, but he is refusing to do so. What are the consequences of this? It is known that the wife's family is pressing him to grant the divorce.
The Shaykh : May Allah bless you, we do not know the cause; whether it is due to the man or the woman.
The questioner : The woman claims that the husband's family performed a ritual for her because of the lack of offspring, and she is demanding [divorce] because his family performed a ritual for her.
The Shaykh : I mean, is she demanding [divorce] because the man is unable to have intercourse with her?
The questioner : He has intercourse with her.
The Shaykh : But there is no pregnancy between them.
The questioner : Yes.
The Shaykh : In any case, if the affliction is from the husband, the wife has the right to request a divorce. If he does not divorce her, the judge will order him to do so.
The questioner : There is no defect in him.
The Shaykh : As for if there is no defect in him.
The questioner : There is no defect in him, and there is no defect in her either.
The Shaykh : Yes, if there is no defect in either of them, then maintaining the marriage as it is is the correct course.
The questioner : But her family, O Shaykh, are pressing for the divorce.
The Shaykh : Well, why don't they appoint a judge from his family and a judge from her family? I mean, two from these and two from those, or one from these and one from those, to look into the matter.
The questioner : Right now, O Shaykh, they have resorted to the court.
The Shaykh : Well, praise be to Allah, as long as they have resorted to the court, the matter is concluded.
The questioner : Shaykh, may Allah reward you.
The Shaykh : No, you are not a guest.
The questioner : O Shaykh, he came to me.
The Shaykh : Even if he came to you, if the guests have left, there is no harm; the people of the house, if there is no guest, it is yours.
Your Eminence, a man has been married to a woman for approximately twelve years, and Allah has not blessed them with offspring. After this period, the wife requested a divorce, which is not a problem, but he is refusing to do so. What are the consequences of this? It is known that the wife's family is pressing him to grant the divorce.
The Shaykh : May Allah bless you, we do not know the cause; whether it is due to the man or the woman.
The questioner : The woman claims that the husband's family performed a ritual for her because of the lack of offspring, and she is demanding [divorce] because his family performed a ritual for her.
The Shaykh : I mean, is she demanding [divorce] because the man is unable to have intercourse with her?
The questioner : He has intercourse with her.
The Shaykh : But there is no pregnancy between them.
The questioner : Yes.
The Shaykh : In any case, if the affliction is from the husband, the wife has the right to request a divorce. If he does not divorce her, the judge will order him to do so.
The questioner : There is no defect in him.
The Shaykh : As for if there is no defect in him.
The questioner : There is no defect in him, and there is no defect in her either.
The Shaykh : Yes, if there is no defect in either of them, then maintaining the marriage as it is is the correct course.
The questioner : But her family, O Shaykh, are pressing for the divorce.
The Shaykh : Well, why don't they appoint a judge from his family and a judge from her family? I mean, two from these and two from those, or one from these and one from those, to look into the matter.
The questioner : Right now, O Shaykh, they have resorted to the court.
The Shaykh : Well, praise be to Allah, as long as they have resorted to the court, the matter is concluded.
The questioner : Shaykh, may Allah reward you.
The Shaykh : No, you are not a guest.
The questioner : O Shaykh, he came to me.
The Shaykh : Even if he came to you, if the guests have left, there is no harm; the people of the house, if there is no guest, it is yours.