And after that, I am a woman whose marriage has lasted about three years, and I have not borne any children during this time. Should I ask my husband for a divorce and marry someone else so that I can have children, or should we go...
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The questioner : Peace be upon you and Allah's mercy and blessings. And after that, I am a woman whose marriage has lasted about three years, and I have not borne any children during this time. Should I ask my husband for a divorce and marry someone else so that I can have children, or should we go to a doctor to examine us? And is there hope for a cure?
The Shaykh : It is not your right, O questioner, to ask your husband for a divorce until the matter becomes clear, because the infertility may be from you, or it may be from him.
The questioner : Yes.
The Shaykh : If it is established through a valid means that the infertility is from him, then at that time you have the right to ask for separation and annulment, according to the stronger opinion among the scholars. According to some scholars, you do not have the right to ask for annulment unless it was a condition in the marriage contract, such as if you had stipulated at the time of the contract that if it is found that he is infertile, you have the right to annul the marriage. However, the correct view is that if his infertility is established, you have the right to ask for annulment from him, because you have a right to children, and you desire children, just as he also desires children.
The questioner : Yes.
The Shaykh : And if it were found that the infertility is from you, he would divorce you. So likewise, if it is found that the infertility is from him, you have the right to ask him to divorce you or to annul your marriage, because this is what is just. The scholars have mentioned that it is not permissible for a man to practice coitus interruptus with his wife except with her permission.
The questioner : Yes.
The Shaykh : They reasoned this by saying that she has a right to children. So if coitus interruptus is not permissible except with the woman's permission because she has a right to children, then likewise it is permissible for her to ask for the annulment of the marriage if it is found that he is infertile.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Your statement that if it is found that she is infertile, he would divorce her or keep her in his marriage and marry another woman, and that this is impossible for her.
The Shaykh : Yes, this is what we mean. The meaning is that he is able to get rid of her if she is infertile.
The questioner : Yes.
The Shaykh : So if we say that he is able to do so and she is not able to, there is a type of injustice in it.
The questioner : Yes.
The Shaykh : And if we say that each of them has the right to separate from the other if it is found that the defect is in him or her, then this is the height of justice.
The questioner : Yes.
The Shaykh : It is not your right, O questioner, to ask your husband for a divorce until the matter becomes clear, because the infertility may be from you, or it may be from him.
The questioner : Yes.
The Shaykh : If it is established through a valid means that the infertility is from him, then at that time you have the right to ask for separation and annulment, according to the stronger opinion among the scholars. According to some scholars, you do not have the right to ask for annulment unless it was a condition in the marriage contract, such as if you had stipulated at the time of the contract that if it is found that he is infertile, you have the right to annul the marriage. However, the correct view is that if his infertility is established, you have the right to ask for annulment from him, because you have a right to children, and you desire children, just as he also desires children.
The questioner : Yes.
The Shaykh : And if it were found that the infertility is from you, he would divorce you. So likewise, if it is found that the infertility is from him, you have the right to ask him to divorce you or to annul your marriage, because this is what is just. The scholars have mentioned that it is not permissible for a man to practice coitus interruptus with his wife except with her permission.
The questioner : Yes.
The Shaykh : They reasoned this by saying that she has a right to children. So if coitus interruptus is not permissible except with the woman's permission because she has a right to children, then likewise it is permissible for her to ask for the annulment of the marriage if it is found that he is infertile.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Your statement that if it is found that she is infertile, he would divorce her or keep her in his marriage and marry another woman, and that this is impossible for her.
The Shaykh : Yes, this is what we mean. The meaning is that he is able to get rid of her if she is infertile.
The questioner : Yes.
The Shaykh : So if we say that he is able to do so and she is not able to, there is a type of injustice in it.
The questioner : Yes.
The Shaykh : And if we say that each of them has the right to separate from the other if it is found that the defect is in him or her, then this is the height of justice.
The questioner : Yes.