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Seeking divorce from a sterile husband
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this fatwa to: www.fatwa-online.com, thankyou!*
Question:
A female questioner asks: Noble Shaykh, a woman has been married for 7 years and medical reports have confirmed that her husband is sterile. So can she request a divorce from her husband? And what advice do you have for her O Noble Shaykh?
Response:
Yes, she can ask for a divorce because she has a right to having children. And if it has been confirmed that her husband is (indeed) sterile, then she can have the marriage annulled. However, there remains a viewpoint; Should she request for the marriage to be annulled or should she remain with him? (In entertaining this viewpoint) it should be ascertained whether the man is morally good, religious and upright (and if this is the case), then there is no harm in her remaining with him, otherwise it is better for her to find a husband who is not sterile because the Prophet (sal-Allaahu
`alayhe wa sallam) said:
((Marry women who are affectionate and child-bearing...)), [transmitted by Abu Daawood]
Shaykh Ibn 'Uthaymeen
I`laam al-Mu`aasireen bi-Fataawa Ibn `Uthaymeen - Page 444
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