I am doing a test to see if i can have kids …if everything is ok , can her dad oblige her to divorce me

Answered according to Hanafi Fiqh by Askimam.org

i got married 8  months ago with a 24 yrs old girl , after we got married she found out that I have one testicle and she accepted that . She asked me if I can have kids , I told her that from what I know I should not have any problem unless proven otherwise and I can perform very well . 7 months later , we argued and she left the house and went to her dad , tried to get her back but what she did she told her parents about me having only one testicule , her dad held her back at his house since three weeks and is accusing me that I cheated him even though I explained to him that I am not required religiously to tell him as I know  i have no issues and having one testicule should not stop me from getting married . My question is this , right now I am doing a test to see if i can have kids , inshalla kheir , if everything is ok , can her dad oblige her to divorce me , i mean as per shari3a  can she divorce me if i am fine and i can have  kids as i know i am fine with performing . Second if they file civil divorce against me in ontario,  does that annull the islamic contract  or can i refuse to divorce her islamically . I am very lost here , i hope you can help me , her parents are very stubborn and my wife did a mistake and told them .

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

According to Shariah if you are sexually active and you are fulfilling your wife’s marital obligations, you do not have to divorce her. Your wife has no grounds in Shariah for an annulment of her marriage. Having one testicle is not a ground for the annulment of the marriage. At this stage, your wife is a *Naashiza* (disobedient) as she left the marital home without any grounds in Shariah. She is sinful and is under obligation to return to you. If she does not return to you, she will sinful. If her father is an obstacle in the reconciliation, he will be violating the order of Allah “Do not stop them (women) to reconcile with their husbands”. The civil rights divorce will not constitute a talaq in Shariah. Your nikah will remain intact and she will still be your wife. No one has the authority in Shariah to annul your nikah.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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