I have been married for 13 years. After marriage I found out that my husband is impotent and infertile. I didn’t divorce because i thought that Allah (SWT) will punish me. Now after..

Answered according to Hanafi Fiqh by Askimam.org

I have been married for 13 years. After marriage I found out that my husband is impotent and infertile. I didn’t divorce because i thought that Allah (SWT) will punish me. Now after a long period its becoming unbearable for me. my husband is a good muslim. If i divorce him  will Allah punish me? or if i take patience will i get reward? sometimes i become angry on him will i be punished for this? pls give a guid.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

At the outset, it is commending to see that you have been patient with your husband throughout your marriage. It is understandable to see frustration on your part since your husband is impotent/infertile. However, anger stemming from your frustration will be of no help. In fact, it will likely make things worse between you and your spouse.

It is strongly advisable for your husband to seek medical help which may perhaps solve the problem of impotence. If that is to no avail, you cannot divorce your husband yourself as Shari’ah does not permit the wife to pronounce talaq upon her husband.

However, there are a few options you may resort to if the marriage does not work out due to the impotence of the husband:

1) You can ask your husband to issue a divorce (talaaq-e-rajee).

2) You can propose for a khula, where the wife offers to return her dowry or give an exchange in order for the husband to issue a divorce. If khula occurs then a talaaq-e-baain takes place between the husband and wife.

الخلع إزالة ملك النكاح ببدل بلفظ الخلع كذا في فتح القدير وقد يصح بلفظ البيع والشراء وقد يكون بالفارسية كذا في الظهيرية وشرطه شرط الطلاق وحكمه وقوع الطلاق البائن كذا في التبيين

(Al-Fatawa al-Hindiyyah, 1/488, Rashidiyyah)

3) You may also approach a Shari’ah board consisting of Ulema to consider annulling your nikah. The Judicial Committee will follow the rules of faskh-e-nikah (annulment of nikah) to consider your application and issue a decree accordingly.

 

And Allah knows best

Wassalamu Alaikum

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah


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