Q. At the time of her marriage, a woman’s parents concealed the fact that she was unable to bear children from her husband. Now, the husband wants to treat her to see if she can conceive. She is worried, and she feels unable to reveal the situation to her husband. The same is the case with her parents. However, her brother-in-law wants this to happen, promising her parents that should she be divorced, he would marry her, because she would then be able to look after her deceased’s sister’s three young children. Can he do this on his own and reveal the facts to her husband?
A.H. Kambar • Makkah
A. There are two issues involved here. The first is the fact that an important matter was known and concealed from the husband at the time of the marriage. This entitles him to divorce her and not pay her dowry, because of the cheating element involved. However, it is important that the woman and her parents do not aggravate the situation by continuing to conceal the fact when he wants to seek medical advice. This will make him incur further expenses, and may expose the fact to him in a way that is bound to create more trouble for the family. Hence, the only proper way for the woman and her parents is to come clean and explain the situation to the husband. If he is kind and loves his wife, he may decide to stick with her and forget about having children. He may, alternatively, decide to keep her but marry another woman to get children. Or he may divorce her. She and her parents should steel themselves to face the worst situation, but should come clean and tell him.
As for the brother-in-law, he should not interfere in the matter unless he is asked to do so by the woman or by her parents. Nor should he offer to marry her if she is divorced, even though he sees benefit for himself or his children in the matter. As long as she is married, he may not think of her as a future wife. Only if her marriage comes to an end, he may think of this possibility.
Arab News Islam 22 August 2003