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f:1127 - Divorce of not having male children
| Country : Secunderabad, |
Name : Withheld
|Question: My husband and my in-laws are very cruel. I have 2 girls and my in-laws want a boy. So much so that my husband said: If you give birth to a girl, then I divorce (Talaaq) to you. Again I gave birth to a girl. However, she was stillborn and not normal. My question is that is the divorce affected in this case? Also tell me whether it is correct to say so.|
|Answer: First and foremost, whether it is a girl or a boy, it is still a great bounty of Almighty Allah. Expressing sorrow on the birth of a girl is entirely against Islamic teachings. Islam declares the birth of a girl child to be a means of mercy. There is a Hadith in M’ojam Sagheer Tabarani:|
Translation: The Holy Prophet (Sallallahu alaihi wa sallam) said: When a person is blessed with a girl, Almighty Allah sends a group of angels. Those angels address all the members of the family: O dwellers of this house! Peace be to you. The angels shade the girl with their wings and caress her head with their radiant hands and say: A weak one which has come from a weak one. Those who take care of them will be helped until the Day of Judgment. (M’ojam Sagheer Tabarani, Hadith No. 70)
There is another Hadith in Jame’ Tirmidhi:
Translation: It is narrated on the authority of Hadhrat ‘Aisha (May Allah be well pleased with her) that the Holy Prophet (Sallallahu alaihi wa sallam) said: Any person who is tested by Allah through his girls and that person is patient on it, then these girls become a shield for that person on the Day of Judgment. (Jame’ Tirmidhi, Hadith No. 2037)
Now, regarding what your husband told you: If you give birth to a girl, then I divorce you. In this case, the Jurisprudents (Fuqaha) have clarified that the birth of a stillborn girl is also the birth of a girl and thus an Irrevocable Divorce (Talaaq Baain) has been affected. The marital relation between you and your husband has been terminated. If you desire to live with your husband again, then you may do so after marrying again in the presence of 2 witnesses with a new dower (Mehr).
If you want to marry some other person, then you may do so after waiting for 3 menstrual periods starting from the birth of the stillborn girl.
As mentioned in Radd Ul Muhtaar, Kitaab Ut Talaaq.
And Allah Most High knows best
Mufti Syed Ziauddin Naqshbandi
[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]