It is not permissible for a woman to condition that she will never have children
Fatwa No: 173427

  • Fatwa Date:13-2-2012 - Rabee' Al-Awwal 21, 1433
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Question

salam aleikum sheikh.. im asking this question on behalf on somebody else...one man want to marry,and he dosent have any children, but the woman he wants to marry has condition that they can marry but she will never have children with him, because she wants to work and she has one child from previous marriage..is it allowed from this woman to make such condition?? and should the man still marry this woman or find one who wants children??

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Having children is one of the most important and most beneficial objectives of marriage as this leads to the continuation of progeny. It is for this reason that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) , said: ''Marry loving and fertile women, as I will outnumber the other nations by you [by your abundant number]." [Ahmad and Abu-Daawood]

Besides, it is not permissible for this woman to condition that she will never have children unless this is for a limited period and for a preponderant benefit as per the Fatwa issued by the Islamic Fiqh (Jurisprudence) Committee and the Permanent Committee for Iftaa’ (giving Fatwas).

 However, if it is conditioned in the marriage contract not to have any children, then the contract is valid but and the condition is void as it contradicts the terms and conditions of the contract. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “Among the matters that invalidate the condition while the contract remains valid is, for example, if he [the husband] conditions that she [the wife] has no dowry, or conditions that he would not spend on her, or if he gives her a dowry he would take it back from her, or that she conditions on him that he would not have sexual intercourse with her, or she conditions that he practises coitus interruptus (with her) or that he stays overnight with her for a period that is less than that which he stays with his other wife; (then) all these conditions are void in themselves as they contradict the purpose [terms and conditions] of the contract and they include eliminating some rights that become obligatory by the contract even before conducting it [the contract], so these conditions are not valid. As regards the contract in itself, it is valid as these conditions do not have anything to do with the [validity of the] contract [refer to an extra meaning], and it is not a condition to mention them, and it does not cause any harm if they are ignored.

In conclusion, if this woman insists on this condition, then in our view the man should forget about her and look for another woman in order to avoid problems and as a way of taking into consideration the other view –which is that this condition would actually invalidate the marriage if he [the husband] was aware of it before consummating the marriage.

Allaah Knows best.

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