Seeking divorce from a sterile husband

Reference: I’laam al-Mu’aasireen bi-Fataawa Ibn ‘Uthaymeen – Page 444

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 ﷺ said:

«Marry women who are affectionate and child-bearing…», [transmitted by Abu Daawood]

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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