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Subject : Having Children is the Right of both Spouses

Fatwa Number : 3440

Date : 02-12-2018

Classified : Rights of spouses (conjugal rights)

Fatwa Type : Search Fatawaa

Question :

Is it permissible for the husband to ban his wife from having children although she wants to?

The Answer :

Praise be to Allah, Lord of the Worlds.

From an Islamic perspective, having children is a legitimate right of both spouses.Imam Al-Mawardi {May Allah have mercy on him} said: "Having children is the right of both spouses." Kindly refer to {Al-Hawee Al-Kabeer}.

Accordingly, it isn`t permissible for one of them to delay or ban having children without the consent of the other, since doing so contradicts with the concept of love, mercy and kindness that should be observed amongst spouses. This impermissibility is reflected in the following narration: "The Prophet (PBUH) forbade A`zl (Ejaculation outside the vagina) save with the permission of the wife."{Related by Ahmad}. In this narration, the Prophet (PBUH) stresses the wife`s right to have children.

Article (5) of the Jordanian Civil Status Law defines marriage as: "A contract between a man and a woman whereby she becomes lawful unto him, and they can start a family and have children." Obviously, this article highlights having children as a key objective of marriage.

In addition, Article (136) states: " The fertile woman who doesn`t have a child and isn`t over fifty has the right to ask for judicial annulment if it was proven by a medical report and the testimony of trustworthy doctors that her husband can`t have children while she can. This is, of course, after the passage of five years from the consummation of the marriage contract." This clearly indicates a woman`s right to have children.

We recommend both spouses to exercise patience and resort to dialogue. And Allah knows best.



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