What is the ruling regarding a wife seeking divorce because her husband is unable to have children? A couple have been married for six years and have not had any children during this time. It has been confirmed that the problem lies with the husband. The wife wishes to have children and cannot accept giving up motherhood. The inquirer seeks an answer for the following:

1. Should the husband grant his wife’s request for divorce?

2. Is this consistent with Islamic law?

3. Does the wife incur the displeasure of Allah by requesting a divorce?

4. If the opinion favors divorce, what are the wife’s rights under Islamic law and civil law, given that she is the one requesting the divorce while the husband wishes to remain married to her?

There is no objection to the wife seeking divorce for reasons recognized as valid under Islamic law or for psychological or social reasons. There is likewise no objection under Islamic law to the husband agreeing to his wife’s request for divorce in this case if he believes it to be the best solution. In the event of divorce, the wife is entitled to all her rights under Islamic law, including the deferred portion of her dowry and maintenance during her waiting period (nafaqet al-‘iddah) unless the spouses mutually agree otherwise.

Marital life is based on affection, tranquility, and compassion between the spouses; Allah Almighty says, “And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought” (Quran, 30:21).

Divorce has been legislated as a way out of marital distress and as a means of relief from hardship when a marriage fails to achieve the affection, compassion, emotional peace and stability, and cooperation that Allah Almighty intended for marriage. For this reason, a husband should resort to divorce only when both spouses consider it necessary.

There is no objection under Islamic law to the husband’s agreeing to his wife’s request for divorce if he believes that this is the best solution; he will not be blameworthy. Likewise, there is nothing wrong with a wife requesting divorce for reasons recognized by Islamic law or for psychological or social reasons that she firmly believes warrant her request.

If the wife seeks a divorce, she remains entitled to her rights under Islamic law, including the deferred portion of her dowry and maintenance during her waiting period, unless the couple mutually agree otherwise, given that the she was the one who sought the divorce.

And Allah Almighty knows best.