THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Impotence Permits One to Seek a Divorce PDF Print E-mail
Fiqh: Islamic Jurisprudence - Marriage
Written by Muhammad Ibn Salih Al-Uthaymeen   

Question: A woman was married for many years and did not have any children. After an examination, it was determined that the problem was from her husband and it would be impossible for the two of them to have children. Does she have the right to seek a divorce?

Response: That woman has a right to ask for divorce from her husband if it is shown that the infertility problem is from him alone. If he divorces her, that is final. If he does not divorce her, a judge may dissolve her marriage. This is because the woman has the right to have children and many women do not even get married except to have children. If the man she is married to is impotent or sterile, she has the right to ask for divorce and have her marriage dissolved. This is the stronger opinion among the scholars.

Shaikh ibn Uthaimin

Islamic Fatawa Regarding Women - Darussalam Pg.223-224

 


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