Judicial Separation Due to Infertility in Islamic Jurisprudence

Abstract

The Sharia foundation of marriage is basically for procreation, which is one of the fifth principles of Islamic Sharia, and other purposes, such as satisfying sexual desire, are secondary purposes. Sometimes, changes in human beings prevent the realization of some of the mentioned purposes or the realization of the rights of the spouses and turn the marriage contract into a content-less form. Infertility in a man or woman is one of the reproductive defects that prevent the fulfillment of the first purpose of marriage; Especially when the husband is barren and the wife does not have any children, in which case life may be difficult for her; Therefore, searching for a Sharia solution to this issue was important and showed the necessity of researching this issue. The purpose of the upcoming research, which was carried out with an analytical approach and library tools, is to collect the suggestive and implicit statements of the jurists along with their reasons in this matter, expand them, then dispute and evaluate them impartially and obtain a well-reasoned and solid conclusion from that and provide a more satisfactory answer to this basic question with a more comprehensive view: Does infertility in one of the couples prevent the obligation of marriage contract? And does it bring the cucumber fault for the contract parties or not? The result of the discussion shows that the view of infertility as a defect preventing the necessity of marriage and causing the cucumber is more justified; because it is more consistent with the jurisprudence of objectives and balances.