Fatwa ID: 02331
Answered by: Ustadha Umm Abdullah
Question:
Asalamualaikum.
Hazrat, this question is on behalf of a sister, she intends to get pregnant from a donor;
1) Is it furdh/wajib upon her to have a nikah done with this donor?I am just thinking wouldn't such an action without a nikah haveimplications on things like inheritance and who is a mahram, and who isnot?
2) If it permissible to have a nikahjust for something like this?
Would it be valid?
3) Will she have the Islamic right for a divorce because that's
what she intends to, she has no intention to live her life with a man,
but merely wants a child.
Jazak'Allah.
Answer
بسم الله الرحمن الرحيم
< >Hadhrat Rabi’RadiallahuAnhunarrates from his father that RasulullahSallallahuAlayhiWaSallamprohibited the contracting of temporary marriage. [1]Allah Ta’ala states in the Qur’aan;وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُون
Also among His signs is that He has created spouses for you from yourselves(from your own species) so that you may find solace peace and rest) with her and He has placed (tremendous) love and mercy between you. There are certainly signs in this for those who have knowledge.
[Surah Rum: 21]
This verse indicates that the outcome of married life is peace of mind and comfort.Peace from one’s spouse can only be achieved when there is a mutual recognition of each other’s rights and a sincere effort to fulfil them. Otherwise, the demand for meeting one’s own rights will only lead to domestic brawls and shattering of peace.
Allah Ta’ala has created women in the same genus as that of man. Although women are created from the same matter there is a world of difference in their build, character, habits and morals. This creation provides an excellent example of the supreme power of Allah Ta’ala. It is through marriage that both genders are able to fulfil the requirements of one another.
In addition to this, Allah Ta’ala has notmade the rights of each spouse a matter of rules and regulations, but also a natural and emotional requirement of every man and woman.
Although a person may desire to have children, the primary outcome of one’s marriage should be that through such a relationship, one gains the closeness and pleasure of Allah Ta’ala.
In Shariah, the right of divorce belongs primarily to the husband and not the wife. [1]
Only Allah Ta’ala knows best
Ustadha Umm Abdullah
Darul Ifta Birmingham
Checked and reviewed by Mufti Mohammed Tosir Miah
حدثنا عمرو الناقد، وابن نمير، قالا: حدثنا سفيان بن عيينة، عن الزهري، عن الربيع بن سبرة، عن أبيه،أن النبي صلى الله عليه وسلم نهى عن نكاح المتعة
الصحيح لمسلم، حديث ١٤٠٦
