Infertility should be revealed before marriage

14-1-2014 | IslamWeb

Question:

Will the marriage be null if the husband has not informed the guardian about his infertility, telling his wife only?

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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.

Marriage does not become void due to any fault or defect in the husband; even if he did not inform either the wife or her guardian before conclusion of marriage. However, a wife has the right to annul the marriage if such defect is of the type that, according to the scholars of Fiqh, commands annulment of marriage; such as leprosy, mental disability, or the like.

Infertility does not entitle the wife to annul her marriage according to the majority of the scholars. Nevertheless, it is recommended that this defect should be revealed before marriage. Al-Mardaawi a Hanbali Scholar, quoted Ibn Mansoor as saying, “I recommend the husband to inform the wife about his sterility.”

If the wife is acquainted with his infertility and contented with it, then this absolves the husband of liability and she no longer has the right to annul the marriage. Ash-Shaafi‘i stated: “If he married her after declaring his infertility or disclosed it after marriage, she does not have the right to annul the marriage, because the husband himself does not know for certain that he will be  sterile until he dies. Maybe the husband is deprived of a child at youth and blessed with it later, when he grows older.”

Allaah Knows best.