Am I entitled to seek divorce, and what are my rights, given that my husband concealed a health problem preventing him from having children?
If marital problems stem from a defect in the husband that prevents enjoyment or the intended purpose of marriage, then the wife may seek annulment without returning the dowry. As for infertility, it is not considered a defect that necessitates annulment according to the majority of scholars, and the husband should inform his wife about his infertility. If there are no defects that necessitate annulment, the wife can request a Khul' (divorce at the instance of the wife) by paying a financial compensation in exchange for the divorce, which is an irrevocable divorce (baynunah sughra). Patience and remaining with a husband of good character and religious commitment are considered better, provided there is no fear of falling into what is unlawful.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 12845
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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