Husband should not deny wife the right to have children
Fatwa No: 195927

  • Fatwa Date:16-1-2013 - Rabee' Al-Awwal 5, 1434
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Question

asalam shaikh i want advice as iam married and didnt have children yet and iam going to the hospital to see a specialised female doctor but my husband refused to give his semen sample several times he has refused without telling a reason he just says no he from the first wife has 4 chidren allah yahfadh but i feel he doesnt want a child with me allah knows best and iam desperate to have a child.doctor says i have no time to wait as i have reached 40yrs but he refused to cooperate.

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, is His Slave and Messenger.

Having children is a right for both husband and wife. Accordingly, it is not permissible for either of them to deny the other this right without a legitimate excuse as we have pointed out in Fatwa 163651. This is if having children occurs in a natural way. However, if it occurs through artificial insemination, as it seems here, then having children through this way is only permissible if the Sharee‘ah-based conditions that are stated by the Islamic Fiqh Academy are met. For details, please refer to Fatwa 84882.

If doctors decide that you can have children through this way, then try to convince your husband to accept it. If he accepts, then all perfect praise be to Allaah. If not, then you have nothing to do except to accept that. That is because it is not obligatory upon the husband to accept having children through this way.

In any case, we would like to advise you not to despair of the Mercy of Allaah. You have to keep asking Allaah for children for He is Able to do all things and all things are easy for Him to do. He has granted Prophet Ibraaheem (Abraham)  may  Allaah  exalt  his  mention children when he and his wife had become very old to the extent that she said, as Allaah Says (what means) on her behalf: {She said, "Woe to me! Shall I give birth while I am an old woman and this, my husband, is an old man? Indeed, this is an amazing thing!"}[Quran 11: 72]

The One Who granted them children at such an old age is surely able to do the same with you, even if you are past the age of forty. So, do not despair nor give up hope.

For more benefit, kindly refer to Fataawa 82169and 84506 as they have supplications that help in having children by the permission of Allaah, The Exalted in Might, The Bestower.

Allaah Knows best.

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