Getting or asking for a divorce due to not having children

Question ID: 25820

Assalamualaikum Mufti Sahb,

I have a question which I’d like to pose and if possible to get the answer from the Hanafi and Shafi’e point of view. I’ve tried looking it up but can’t seem to find an answer for it. Here’s how the situation is:

Zaid and Zainab are married for almost 8 years. They do not have any children. There is nothing wrong medically with both of them. They have exhausted all avenues to have children but Allah’s decree is such that they are childless till today. Zaid had been advised by a friend saying, “The two of you should separate from each other and get married to different people so then you can have children of your own.”

So, the questions are as follows:

1) Can Zaid give a divorce to Zainab on the basis of not being able to have children all this while? Is this a good enough reason?
2) Can Zainab ask for khula’ on the same basis as above?

3) Is there such a ruling like how Zaid’s friend has recommended – husband and wife if unable to have children should separate from each other and get married to other people in order to have children?

4) What is the best solution for this couple? Adoption? Keep on making doa to Allah? Separation?

Jazakallahu khaira.


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Asked on January 14, 2010 12:00 am
Private answer

1) This is a permissible reason although not good to exercise
2) No
3) There is no set ruling but can materialise
4) Make Duaa and know Allaah is all knowing, all wise, and full of compassion.
Marked as spam
Answered on January 14, 2010 12:00 am