Asking for divorce to prevent disease from being passed on to children

2-1-2015 | IslamWeb

Question:

Assalamualaikum....i am married for almost 4yrs but unfortunately 2yrs after our marriage I realized that both myself and my hubby are both AS which means we are at a risk of having an SS child. I am so scared of having one because it's horrible especially wen I think of the terrible and unexplainable pains the sicklers I know go through. I am psychologically disturbed because I am always thinking about it. Is it right islamically to ask for divorce for this reason? Pls help I am lost!!!

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

A wife is prohibited from asking for divorce without a sound reason; the Prophet, sallallaahu ‘alayhi wa sallam, said: “Any woman who asks her husband to divorce her without harm, the smell of Paradise is forbidden for her.” [Ahmad]

As regards when a wife asks for divorce for a sound reason, this is permissible for her. Ibn Hajar said: “The reports that were reported about the warnings against a woman asking her husband for divorce are interpreted as meaning when there is no reason that requires that.” [Fath Al-Baari by Ibn Hajar (9/402)]

Thus, if it is scientifically confirmed that children born of parents such as in your case will carry this disease, then in our view – and Allaah knows best – it is permissible for you to ask for divorce for this reason.

Allaah Knows best.