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Infertility is one of the faults that affect marriage according to the more correct of the two scholarly opinions.
The suitor has to disclose it, and the woman to whom he proposes has the right to accept him or reject him. If she accepts him with this fault, she does not have the right to request an annulment later on because of not having children. If she does not know about the fault and then finds out about it after marriage, she has the right to ask for an annulment if she does not accept the fault.
Ibn Qudaamah (may Allaah have mercy on him) said: One of the conditions of having the option to annul the marriage because of these faults is that one should not have had knowledge of them at the time of the marriage contract and should not have accepted them afterwards; if the person knew of them at the time of the contract or came to know of them afterwards and accepted them, then he or she does not have the option of annulling the marriage contract, and we do not know of any scholarly difference of opinion concerning that. End quote from al-Mughni, 7/142.
Having children is a blessing and is one of the aims of marriage, so a woman should not marry a man who is sterile or infertile unless she knows that it is possible for him to be treated and recover.
If your family are rejecting the suitor, then they are excused for that. Undoubtedly they are seeking your best interests and striving for your happiness.
If you think that this suitor is appropriate for you, because of his good character and religious commitment and because it is possible to treat his infertility, then you have no choice but to convince your family to accept him. If you manage to do that than praise be to Allaah; but if they insist on their opinion, then they are excused as stated above, and perhaps Allaah will send you someone who is better than this suitor.
It is well-known that marriage is not valid without a wali or guardian, because the Prophet (blessings and peace of Allaah be upon him) said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Asha’ri; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And he (blessings and peace of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami, no. 2709.
We ask Allaah to guide and help you.
And Allaah knows best.
What happenes if a women does not have a guardian? Is she not allowed to marry then? Will her marrige be invalid?
asalamu alaikum, a wali is your father, or brother or uncle, if u dont have any of that then any male relative can be as a wali, if u dont have any male relative u can ask the imam of your nearby mosque to be your wali. well thats wat i heard. Allah knows best. salam
Hi,
This is major cause, please avoid that person, if anybody offer to you such kind of proposal.
Regsrds
Himanshu
Can you quote some incident from Prophet’s time where he guided the woman what to do if she finds out abt infertility after marriage?
Or maybe from Sahaba’s time, something that may give sisters courage who are suffering from this….
Marriage without a wali IS VALID according to the hanafi opinion but there are certain conditions for example, the wali is being stubborn and rejecting a decent brother for unislamic reasons putting his culture ahead of his deen. Hanafi view sees a woman who can deal with her own financial affairs (baqarah 282) so she can also deal with her marital affairs. Ask wali first tho and try to reason with him. Unfortunately we do see lots of cultural parents who won’t accept a different race or a different tribe regardless of good deen.
Culture needs to die and the sunnah needs to live on
What if females have infertiltity problems?
Do they not know that Allah has the power to make an infertile person, the most fertile??? Or do they not believe that they Allah has the ability??? Or the belief?
Mankind is so impatient. Do not blame a Human for infertility, it is the decree of ALLAH swt. Have unwavering belief in ALLAH’s will, decree, mercy and help. And be patient, try harder, and pray to Allah without complaining and saying that “Uff, I prayed to Allah and he didn’t give me anything,” for that invalidates your asking of Allah as you are portraying impatience.
A christain girl is in love with me, and she want me to marry her, I love her 2 , and she love islam , is it legally accepted in Islam for us to marry each other.