Is the marriage valid after the husband discovered that his wife concealed from him her illness which causes infertility, and should he divorce her to marry another in order to have children, or should he remain with her without children, especially since she refuses his marriage to another and insists on divorce if he remarries?
A marriage that meets the conditions of validity is not affected by the wife concealing a defect that prevents conception, because this defect is not among those that necessitate annulment of the marriage according to the majority of jurists, even though some scholars hold that any defect that prevents the purpose of marriage necessitates an option [for annulment]. It is commendable to inform the suitor of this defect to prevent dispute.
The wife does not have the right to prevent her husband from marrying another woman unless she stipulated this at the time of the contract. She should consider the husband's need for offspring, and her seeking divorce merely because the husband wishes to marry another is impermissible. If the wife is not content with her husband marrying another, then it is preferable to divorce her for the purpose of procreation.
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- Original fatwa ID
- 137306
- Imported
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