What is the ruling on a wife who seeks divorce from her husband and refuses to bear children with him because their first child is disabled, knowing that she is his maternal cousin and he now sleeps alone, and how can he divorce her Islamically?
We have previously warned against the impermissibility of a wife seeking divorce without a legitimate Sharia-compliant excuse. Whoever does so commits a sin. The wife giving birth to a disabled child is not considered a legitimate Sharia-compliant excuse for seeking divorce. Furthermore, it is not permissible for the wife to refuse procreation without her husband's consent, and the possibility of giving birth to a disabled child does not justify her doing so. The wife is advised to rely on Allah and repent. If she persists in this state, she is considered rebellious (nashiz), and the husband may follow the legitimate Sharia-compliant methods to address rebellion. He should not resort to divorce except after exhausting other means, and if he sees benefit in divorcing her, it should be a Sunnah divorce (talaq sunni).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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