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f:763 -    Want to marry but do not want children
 Country : Sharjah,
Name : Muhammad Naeemuddin
Question:     In some countries, girls are willing to marry with the condition that they don?t want any expenses, Mehr, etc., but they will not bear children after marriage.  If somebody accepts this condition and marries, then what does the Shariah say about this?
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Answer:     Apart from safeguarding one’s modesty, another purpose of marriage is propagation of human race.  Thus, Allah Ta’ala says:

And (forbidden to you are also) women having husbands except those (prisoners of war) who come into your legal possession. Allah has prescribed for you (these Commands of forbiddance). And (all women) other than these are made lawful for you, so that you may wish them for marriage by means of your money (dower), maintaining chastity and not in pursuit of satisfying lust. Then those of them from whom you have received benefit in exchange for that (money), pay them their fixed dowers. And there is no sin on you pertaining to the money on which you mutually agree after fixing the dower. Surely Allah is All-Knowing, Most Wise.  Surah Nisa (4:24)

Thus, imposing this condition is against the purpose of Nikah and any condition, which goes against the very purpose of Nikah is null and void.  However, the Nikah will be valid.  Thus, in the given situation, the Nikah is valid and this condition is void.  Using contraceptive/barrier methods should be avoided.

As far as foregoing expenses, Mehr (alimony), etc. is concerned, these are the rights of the wife, which are compulsory on the husband with the Nikah.  As per the Shariah, the women have the right to forego it out of their own free will.

As given in Radd Ul Muhtaar, Vol. 2, Pg. No. 586.

And Allah knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia
Founder-Director Abul Hasanaat Islamic Research Center]
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