سنّی فتویٰ
SUNNI FATWA
THEME
🌿 سبز (روشن)
🌿 سبز (تاریک)
🕋 مکی
🕌 مدنی
🔵 قادری
⚪ چشتی
🟤 رضوی
A person was married approximately eight years ago. The husband and wife have maintained a good relationship to this day, and the wife has not faced any hardship from any of his relatives here. They have not yet been blessed with children. By the decree of Allah, the man is physically capable, though according to medical advice, there may be an issue with his sperm count. Now, the wife's parents wish to force a divorce and are inciting the wife against him, but the husband refuses to divorce her. What does the Shariah say regarding this matter? Please provide a fatwa.
The Shariah has granted the authority of divorce to the husband; he may divorce when he wishes and refrain when he wishes. It is stated in the Holy Quran: 'بِیَدِهٖ عُقْدَةُ النِّكَاحِؕ' . It is stated in the Hadith: 'الطَّلَاقُ لِمَنْ أَخَذَ بِالسَّاقِ' (Sunan Ibn Majah - T. Abdul Baqi - Ibn Majah 1/672).
As long as the husband is capable of sexual intercourse (wati), the wife does not have the right to seek the annulment of the marriage (faskh). Consequently, it is written in Bahar-e-Shariat, citing Fatawa Alamgiri: 'If the husband engages in intercourse but there is no ejaculation (inzal), the wife does not have the right to file a claim' (Alamgiri). In the situation described, since the man is capable of intercourse, the wife has no right in Shariah to demand a divorce or seek the annulment of the marriage, even if she has not conceived for eight years. The birth of a child is solely within the power and decree of Allah Almighty; it is not a matter within the control of the man or the woman.
⚠️ نوٹ: شیئر کارڈ میں اردو کے علاوہ دوسری زبان میں تصویر صحیح نہیں آتی، براہِ کرم پی ڈی ایف ڈاؤن لوڈ کیجئے۔
