What is the Sharia ruling concerning the case of a wife whose marriage contract was concluded, then she was afflicted with a disease that prevents her from childbearing and fulfilling her marital duties for ten years, while her husband has not consummated the marriage with her, nor does he financially support her, and he refuses to divorce her?
It is recommended to seek refuge in Allah, supplicate to Him, and perform (Islamic healing) for recovery. It is not permissible for a woman, according to , to seek divorce without a legitimate reason. What the questioner mentioned regarding her illness or inability to conceive is not considered a legitimate reason at present, as the husband may be content with her remaining married or hope for her recovery. However, if the husband insists on having children or on something that may harm her, it is permissible for her to seek divorce. If he does not respond, she should refer the matter to the competent authorities (such as Islamic centers) to remove the harm from her through divorce or (divorce initiated by the wife). Also, the wife is entitled to maintenance as long as she enables her husband to be intimate with her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 140400
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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