Marrying another woman due to the wife's illness

Q: I am a Muslim young man. I got married to an Austrian woman who embraced Islam and gave birth to a child. She suffers from uterine cancer which makes having sex with her impossible. I, therefore, want to marry a second wife, but she refuses. She further stipulates that she will ask for divorce in the event of me marrying a second wife. It should be noted that the custody of the child will be granted to the mother if I divorce her. I fear the problems that may result from raising my child in the context of a non-Muslim family. It is noteworthy that the stipulation of not marrying a second wife is not included in the marriage contract. If I get married, I will lose my child, and if not, my rights as a husband will not be fulfilled. What is the proper solution for this problem? Please answer me, may Allah protect you.

A: You should get married, as it entails many benefits for you. Among them are the ones mentioned in the Prophet's saying (peace be upon him), 'O young people! Whoever among you can afford to get married, let him do so, for marriage would help lower his gaze and keep virtuousness, and whoever cannot afford it, let him fast, for that will be a shield for him. (Agreed upon by Imams Al-Bukhari and Muslim (Part No. 18; Page No. 44) on the authority of Ibn Mas`ud [may Allah be pleased with him]) As for the custody of the child, you should resort to the Shari`ah court. Allah (Exalted be He) says: And whosoever fears Allâh and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine. Moreover, in the event of divorce, you should treat the mother of the child kindly. May Allah grant her recovery and forgive her and your sins. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.