العقم و أثره على عقد النكاح

الملخص EN

Marriage was legislated in Islam for several purposes that benefit the spouses in particular, and society in general, and among the most important of these objectives, some considered it the original purpose of marriage to give birth to a child and obtain offspring, so that families are formed based on affection, mercy and tranquility, and then a strong cohesive society will emerge whose members are interested in work On his height and the heights of his stature, the architecture of the universe will be realized and the human species will remain.

The desire to have children and to obtain offspring is an innate matter upon which a person has been exalted, and he will spend for him dearly and precious, so if one of the spouses is deprived of the blessing of the child and offspring, for one of the reasons that the specialist doctors interrupt the confidence that it cannot be eliminated, and that his sterility is hopeless to treat it, whether with drugs or methods The new developments for procreation according to the Shariah rules, so is this sterility considered a defect in which the other party is proven to have the right to choose to annul the marriage? Because it has missed its original purpose, or is sterility not equal to the faults that the jurists have stated that the choice is proven? And if it is established that each of the spouses has the right to annul the marriage with the sterility of the other party, is this based on its release or is it restricted by certain restrictions? What are the legal and financial implications of annulling the marriage infertility?
The search for that is answered by explaining the concept of sterility, its causes, the defects that the jurists have stipulated that the choice to annul the marriage is proven, the reason for their counting these faults, the extent to which sterility can be inflicted on them or not, the controls for dissolving marriage with sterility, and the legal and financial implications of it, by presenting The opinions of the jurists, their evidence, and the weighting of what was recognized as evidence and strengthened his argument, and achieves the interest of the individual and society.