Fatwa ID: 07351

 

Answered by: Maulana Burhaan Rahman

 

Question:

 

A sister wants to divorce her husband because her husband has an infertility problem. Is it allowed for her to take divorce in this case? What is the right thing for her to do in this situation?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

We ask Allah SWT to bring happiness and joy to all the spouses out there! Many people are faced with many problems and are put into different circumstances in life. Allah SWT places people in tests so that we make the best decisions in accordance to what is Halal and what is best.

 

Our beloved prophet (SAW) has mentioned:

تَزَوَّجُوا الْوَدُودَ الْوَلُودَ , إِنِّي مُكَاثِرٌ الأَنْبِيَاءَ يَوْمَ الْقِيَامَةِ

“Marry the one who is loving and fertile, for I will feel proud of your large numbers before the other Prophets on the Day of Resurrection.” [Ahmad Hadeeth no: 12202].

 

Which brings me to the answer of your first question.

 

If the issue you are referring to is caused by a flaw in your husband that discourages certain things e.g. intimacy or the fulfilment of marital goals like not having children etc., the husband or wife can divorce (file for a divorce if it’s the wife). Although it isn’t compulsory, the choice of divorce is there.

 

It is mentioned in Ibn Qudamah’s Al-Mughni:

أن الحسن قال : إذا وجد الآخر عقيماً يخيَّر

 

Hasan stated: “If one finds that the other is infertile, one has the option of annulling the marriage.” [Al Mughni Vol page]

 

Is it allowed for her to take divorce in this case? Yes it is.

 

But I would advise to thoroughly read the answer to the second question.

 

The answer to the second question is as follows.

 

Firstly I would like to state that whatever decision you make it is solely up to you. However, it’s very important to make these points to cover all possibilities.

 

There are several things to consider by the will of Allah. Or in other words, there are several options to take into account:

 

• IVF (In-Vitro Fertilization)

 

During IVF, mature eggs are collected (retrieved) from ovaries and fertilized by sperm in a lab. Then the fertilized egg (embryo) or eggs (embryos) are transferred to a uterus. One full cycle of IVF takes about three weeks. IVF is the most effective form of assisted reproductive technology. The procedure should be done using a couple’s own eggs and sperm. [Mayoclinic]

 

When procedures like this are needed due to genuine need e.g. infertility etc., you are allowed to undergo such procedures.

 

The legal maxim of Islamic law mentions:

الضرورات تبيح المحظورات

Necessity renders prohibited things permissible.

 

 

• Adopting a baby

Adoption can be an option if for example the in vitro method doesn’t work. Or it can be an exclusive option regardless. The wife and the husband being able to nurture an orphan is so beloved to Allah SWT. Our beloved prophet (SAW) mentions:

أَنَا وَكَافِلُ الْيَتِيمِ، فِي الْجَنَّةِ هَكَذَا وَقَالَ بِإِصْبَعَيْهِ السَّبَّابَةِ وَالْوُسْطَى

I and the person who looks after an orphan and provides for him, will be in Paradise like this,” putting his index and middle fingers together. [Bukhari Hadeeth no: 6005]

 

 

• Carry on living with him (without a child)

This may not be an option to consider necessarily. But in case the two points above aren’t attainable, it can boil down to this. This will be a difficult one to adhere to but it’s worth mentioning as it’s a possibility and Allah SWT will reward the one who bares patience for the sake of loving each other (husband and wife).

 

وَمِنْ ءَايَـٰتِهِۦٓ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَٰجًۭا لِّتَسْكُنُوٓا۟ إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةًۭ وَرَحْمَةً ۚ إِنَّ فِى ذَٰلِكَ لَـَٔايَـٰتٍۢ  لِّقَوْمٍۢ يَتَفَكَّرُونَ

And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought! [Surah Rum verse 21]

 

 

• Divorce

Seeking divorce in this case (husband infertility) will be allowed for the woman. However it is significant to take into account how this will impact the husband. The infertility issue is definitely already bothering him quite a lot. If she divorces him, she might be telling him that having children is the only thing that makes him valuable as a person and that being with him is not worth it if he is unable to have them. But at the same time, as a woman, she would want to bare children and that is understandable.

 

May Allah SWT bless us all with the choices we make and give us the love to strive for the hereafter!

 

 

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham