3) 'Umar ibn al Khattab (RA) narrates, "The Prophet (SAWS) forbade the practice of 'azl with a free woman except with her permission."

Ok, so what is the definition of a woman who is not "free" and does the above suggest that women who are not "free" get no choice about being made pregnant?

Kim...

In the Name of Allah, Most Merciful and Compassionate

May Allah's peace and blessings be upon His Messenger Muhammad, his folk, companions, and followers

Walaikum assalam wa rahmatullah,

Contraception is permitted. However, it is superior not to engage in contraception without genuine reason or benefit, because the Qur'an and Sunna have encouraged having children, and there is great benefit to the individual and society in raising righteous children.

Allama Jad al-Haqq (Allah have mercy on him), the pious late 20th Century Shaykh al-Azhar, wrote in a fatwa dated 1399 AH (1979 CE), that:

1. Contraception is permitted if the husband and wife agree, as there is nothing in the Qur'an or Sunna to prohibit it; rather, the hadiths and practice of the Companions of the Prophet (peace and blessings be upon him) indicate permissibility, and this is confirmed by the words of the jurists across the schools of Islamic law.

2. It is not permitted to engage in contraception without the agreement of the spouse--for both husband and wife.

2. Contemporary forms of contraception, whether used by the husband or the wife, are akin to the `azl (ejaculating outside the vagina) mentioned in the hadiths, as is explicitly understood from the words of the jurists of the Hanafi and other schools. Rather, they are superior, more natural, and less harmful.

3. It is not permitted to use irreversible contraception--such as sterilization.

4. It is not permitted for there to be state-imposed forcible population planning. [Summarized from Jad al-Haqq's fatwa, from Mawsu`at Fatawa Dar al-Ifta' al-Masriyya]

Other contemporary fuqaha state likewise.

While some texts indicate that it is somewhat disliked (makruh tanzihan) to do so, this is not what most of the major jurists of the Hanafi school state. Even jurists who stated that it is disliked mentioned that if there is a sound reason or benefit to engage in contraception then it is not disliked. In our times, this would include reasons such as having a manageable family size, when one does not have the support of extended families in raising the children; the desire to give the children the attention, education, and support they need in difficult times; genuine (physical or emotional) health reasons, and so on.

However, we understand at the same time that one of the purposes (maqasid) and wisdoms of marriage is to have children, as mentioned by Imam Ghazali in his Ihya' Ulum al-Din.

The Qur'an and Sunna of the Beloved Messenger of Allah (peace and blessings be upon him) have encouraged having children. There is great benefit to the individual and society in having children. Not only does having righteous children maintain healthy communities and societies, but it also teaches humanity: few things are more effective in teaching good character, mercy, compassion, and true love as having children does.

This is why the Messenger of Allah (peace and blessings be upon him) said, "Marry and multiply." [Abu Dawud and Nasa'i]

Regarding the Permissibility of Contraception

Sayyiduna Jabir ibn Abd Allah (Allah be pleased with him), the notable Companion of the Messenger of Allah (peace and blessings be upon him) relates that,

"We used to engage in contraception (`azl) while the Qur'an was being revealed. Had it been something that was interdicted, the Qur'an would have forbidden it." [Bukhari (5209); Muslim (4220)]

Kasani (Allah have mercy on him) states in Bada'i` al-Sana'i` (2.334-335),

"It is disliked to engage in contraception (`azl, preventative ejaculation) with one's wife without her permission. This is because intercourse with ejaculation is the means to having a child, and having a child is her right. By resorting to contraception [without her permission], having a child is prevented, which is akin to being a reason for not fulfilling her right.

However, if the contraception was with the wife's agreement (rida), then it is not disliked. In such a case, she will have willingly forgone her right."

This is also mentioned by Marghinani in al-Hidaya, and Nasafi in Kanz al-Daqa'iq. Zayla`i confirms this in his commentary on Kanz al-Daqa'iq. [Tabyin al-Haqa'iq Sharh Kanz al-Daqa'iq, 6.21]

Ibn Taymiyya (Allah have mercy on him) and others relate that the permissibility of contraception with the wife's permission is agreed upon by the four schools of Sunni Islam. [al-Fatawa al-Kubra, 2.101]

Ibn Nujaym (Allah have mercy on him) says in al-Bahr al-Ra'iq Sharh Kanz al-Daqa'iq,

"The permissibility of contraception (`azl) is the position of the generality of scholars, because of the [abovementioned] hadith in Bukhari..." [3.214]

Is Contraception Disliked, Though?

Ibn Nujaym then quotes Ibn al-Humam (Allah have mercy on him), who mentioned in his magnificent commentary on al-Hidaya, Fath al-Qadir, that some scholars of the Hanafi school considered contraception to be permitted yet disliked, while others did not consider it disliked. [ibid.]

Mulla Khusro, the great Ottoman master jurist, said in al-Durar, that it is permitted to engage in contraception. He does not state that it is disliked. [1.315] Shurunbulali (Allah have mercy on him) does likewise in his marginal commentary, al-Shurunbulaliyya. In fact, he relates that some scholars permitted it even without permission because of the bad times.

The Fatawa Hindiyya, compiled by some of the greatest jurists of Moghul India under commission from the righteous Sultan Aurangzeb, explicitly negates that it is disliked by stating,

"Contraception is not disliked with the wife's permission... " [1.315]

This is also what Haskafi relates in al-Durr al-Mukhtar, and is confirmed by the words of Ibn Abidin in his marginal commentary (hashiya), Radd al-Muhtar.

And Allah alone gives success.

Faraz Rabbani

Source: Sunnipath.com

About the Author

Shaykh Q�d� Muhajidul Islam Q�sim� is the Chief Q�d� [Muslim Judge] of the Im�rate Shar�'yah (Muslim Personal Law Body) of the states of Bibar and Orissa, India. This body was established in 1921 and presides over cases involving disputes between Muslim parties and passes judgement in accordance with Islamic law. Formerly, he was a lecturer in the Tafsir of the Holy Qur��n, Hadith, Isl�mic jurisprudence and Philosophy at the famous Jamia Rahm�nia in Monghyr, Bihar.

Moulana is also an executive member of the All India Muslim Personal Law Board established in December 1972 to safeguard Muslim Personal Law in India and to implement its own Islamic decision in matters involving the Shar�'ah.
 
May All�h accept all his efforts.
�m�n. [He passed away a few months ago.  His obituary and biography may be found on the Hanafi Fiqh mailing list's archives at: http://www.sunnipath.com/ - http://www.sunnipath.com by searching for "mujahid al-islam qasimi"  - Faraz.]
 

The Muslim Medical Practitioner

Medical practice serves the whole of humanity and it should not be considered merely as a new and exclusive scientific knowledge. If a medical practitioner sincerely, honestly and conscientiously uses it to serve mankind, then it becomes an act of worship. Medical practice then is elevated to the position of worship [ib�dah].

Our Prophet Muhammad Sallall�hu alaihi wasallam said: "Knowledge has two aspects - one aspect is concerned with knowledge of the religion, the other is knowledge of the body." All�h has given the medical practitioner knowledge of the body and through it he can bring relief and comfort to suffering humanity. This in itself is one of the many favours of All�h upon him.

Muslim doctors are destined to render sterling service to humanity in this world. According to Isl�m, all mankind is the family of All�h [Al khalqu 'iyalullah]. A person who deals in tile best possible way with any member of this family becomes nearer and dearer to All�h. Doctors can render the best service to humanity and thus achieve a noble position in becoming the worthiest servants of All�h.

In society, doctors generally command great respect and authority. There are different kinds of professions but no professional enjoys as much love and respect of the people he serves as much as a doctor. The doctor-patient relationship is unique in that the patient considers the doctor as a healer and a kind person - someone with whom he can share his suffering, who can relieve him of his misery and in whom he or she can confide.

The great tragedy of present day Muslims is that we have receded farthest from the field of knowledge and, in fact, have even begun to dislike the pursuit of it. Im�n has left our hearts and knowledge our minds. The new generation of Muslims is under the misconception that all new branches of knowledge originated and flourished in Europe. Muslims should realise that medicine had its foundation from Greek medicine. It was the Muslims who preserved this knowledge and saved it from perishing. It was this heritage that was transferred from one Muslim generation to the next at a time when Europe was languishing in darkness. Not only did Muslims preserve this knowledge, but they also improved upon it, made research in many branches of knowledge, proposed new theories and developed them to the best of their abilities. All Europe did was to take this improved base of scientific knowledge and to develop it further. Therefore, knowledge and research in fact, are the heritage of Muslims, not of Europe. To shy away form the acquisition of knowledge and to dislike it does not befit a Muslim.

I dearly wish that every Muslim student of medicine, engineering or any branch of science should not only study his field as a professional but should also be actively involved in research and thereby serve mankind in alleviating its misery. When new experiments are conducted and new principles derived therefrom, then this will also serve to produce a profound beneficial effect on the general condition of the Muslims. I hope all Muslims pay serious attention to this matter and try to regain the lost position of being leaders in the field of research and knowledge.

The Muslim medical practitioner should remain a true and ideal Muslim by his character, moral rectitude and deep knowledge.

He should use his noble profession to serve mankind, and be an effective means for the progress and of Isl�m. All�h will surely reward him tremendously.

 
Birth Control: Introduction

Birth control has two aspects:

The concept of birth control is based on the Malthusian Theory which states that while the harvest reaped from available land is limited, the rate of growth of human population is not. Consequently it will continue to increase and will eventually reach an explosive proportion whereby the available land will not be able to support the vastly expanded population. Malthus stated that to control the growth of population, the husband and wife should exercise self-restraint for curbing population growth. Owing to mass propaganda. the phobia of "population explosion" reached such proportions that any and all methods, including abortion to control population growth were advocated and accepted. However, at present the situation is such that abortion even of well-formed foetuses is considered justified and has been legalised in many countries. 'This is despite the fact that Malthusian and Neo-Malthusian theories over the past two centuries have been disproved, and the myth of "population explosion" laid bare.
 

The Islamic Viewpoint

In order to understand whether Isl�m prohibits birth control, certain basic and essential concepts need to be enunciated and clearly understood. These are based on the Holy Qur��n and the Sunnah of the Prophet Sallall�hu alaihi wasallam. Their validity cannot be questioned by our limited knowledge of Isl�m, preconceived notions, selfish motives and apologetic attitudes.

Consider the answers to the following questions:

The purpose of this sequential teaching is to show that this is not simply a question of killing. If it were so, then there would be no need for such a verse, since murder, whether of a child or an adult remains a crime which has been prohibited by the Qur��n. Therefore, there was no need to mention it in the above verse if the intention was only limited to proscribing a crime. But by mentioning it in the above verse, All�h analyses the mentality of the person who kills his children and the reason for his doing so.

Some of the Arab tribes practiced female infanticide. Even now infanticide is practiced in many countries for economic reasons. The key words are "for fear of want." To kill children out of fear of poverty and thereby try to curb the population is an abhorrent idea which the Qur��n cannot tolerate and does not propagate.

The protagonists of birth control have exploited the similar mentality of present-day man to the maximum. They declared that if no attempts were made to curb the rate of population growth, then there would soon be insufficient food for people to eat. Millions who accepted the assertion without questioning its validity, were mislead, and eventually started practicing birth control without paying attention to what the consequences might be.

Such thinking is totally repugnant to the spirit of Isl�m. It is diametrically opposed to the teachings of the Qur��n. The Qur��n makes it clear, in no uncertain terms, that it is All�h and All�h alone who provides mankind with sustenance. A person can only give to another person what he himself has received from All�h.

All�h created both man and woman and assigned different roles, responsibilities and functions to them. Procreation and reproduction of mankind is a basic object of marriage in Isl�m and therefore any action which has an effect of curtailing or stopping altogether this process cannot be acceptable from the Isl�mic point of view.

In man�s quest for bodily comforts and luxuries, many expenses have to be borne to maintain a high standard of living and in this process life becomes intolerable. In his selfishness and greed, he wants numerous items on his dining table at any one meal time. He is not content with one food item only. There is no need for one to have so many courses at a particular meal with the resultant leftovers being thrown away. At lunch and dinner parties, thousands of rands are squandered, and instead of making provision for the future generation, one would rather see them killed (through birth control). Such thinking is unacceptable in Isl�m. The desire to have a small family is not validated by the notion that one has to undergo many difficulties, this is the result of non-Isl�mic thinking. There is no justification to encourage this kind of thinking.

Isl�m has taken into consideration the real needs of man at all times and the changing circumstances and problems. It has a solution to all problems but it cannot change its laid down rules to suit the condition of a society, which is materialistically inclined and devotes itself to the attainment of evil desire.

Birth control should be viewed in the light of the above facts. Nevertheless, Isl�m being a perfect code of life, permits certain methods of contraception for particular cases and for specific reasons. This is explained in the next section.

 
Contraception

Isl�m allows the practise of contraception only under certain circumstances. These particular circumstances are discussed in the paragraphs that follow.

Permissible methods of contraception

Basically there are two forms of contraception.

As far as the reversible methods are concerned, Isl�m allows the physical methods viz. coitus interruptus and the rhythm method. The husband must however, seek the consent of his wife when practising coitus interruptus. During the period in which the Qur��n was revealed, azal [coitus interruptus] was practised by the Arabs, but it was not prohibited by any verse. However, it seems that the Prophet Sallall�hu alaihi wasallam did not approve of it entirely. Once a Sahabi told the Prophet Sallall�hu alaihi wasallam that he practised coitus interruptus. The Prophet Sallall�hu alaihi wasallam thrice commented: ""O! So you practise azal?" in such a manner that it was evident that he did not approve of it entirely. Moreover, that which is destined to happen will take place. In this case it so happened that the Sahabi concerned did have a child despite his practising azal.

The mechanical and chemical methods are permissible only under special circumstances (mentioned later) provided they do not transgress any fundamental Isl�mic laws e.g. they should not be harmful to the user. Therefore, it would seem that the use of condoms and spermicidal jellies is permissible. As far as the intra-uterine device and the oral contraceptive pill in concerned, the physician must ensure that there is a proper indication for their use and that they would be safe for the user. Only then would their use be permissible.

 
Sterilisation

The ruling of the Shar�ah on sterilisation operations is as follows:

Vasectomy in the man

This is totally prohibited in Isl�m. It cannot be sanctioned by the Shar�ah under any circumstances. Isl�mic law also prohibits castration. A common factor between vasectomy and castration is that both destroy the power of reproduction in man, although the ability to cohabit is still present. It is a cause of the murder of the future generation.

Tuballigation in the woman

This cannot be declared permissible as a general rule, because it renders a woman incapable of conceiving. There is a possibility that the factor on account of which she is being counselled for, tuballigation might change thereafter. However, there would then be little hope of her becoming pregnant again. However, if an honest and experienced doctor fears that the life or permanent mental health of a woman would be seriously affected by a pregnancy and there is no other cure for her sickness, in such a case only would tuballigation be permissible.

Conclusion: It must be made clear that while certain methods of contraception are permissible in Isl�m, they can only be used under the circumstances sanctioned by the Shar�ah. These specific circumstances are dealt with 'In the following lines.

 
Family Planning

Most people implement family planning measures for social reasons eg. it is fashionable to have small families, having a large family may curtail the social activities of the wife, having many children may spoil her "figure" etc.

Isl�m does not sanction family planning to meet with the demands of present day fashion or social reasons. Although Isl�m encourages a woman to look well and to beautify herself for the sake of her husband, it does not sanction the same for the sake of public approbation, which is the present trend. The Holy Qur��n says:

 
Family Planning for Medical Reasons

If an experienced doctor, in all honesty and sincerity, is of the opinion that having children would endanger a mother's physical health e.g. if she is suffering from cardiac disease, renal disease or her life would be threatened, then it is permissible for the couple concerned to practise reversible methods of contraception. The same ruling applies if a mother is physically crippled and therefore unable to care for a child, or if she is suffering from a psychiatric illness. It must be stressed that the decision to practise family planning under such circumstances does not rest upon the couple concerned. The decision must be taken by a physician and must be based on medical grounds.

Genetic Disuses

If it is the opinion of a responsible and an experienced physician that there is a high risk - not just a vague suspicion - of a baby being born with a serious genetic disease e.g. mongolism, haemophilia etc. then it is permissible to adopt reversible methods of birth control.

From this it is apparent that there is a role for the Muslim doctor in genetic counselling. The risk of a baby inheriting a serious genetic disease should be carefully determined, and any advice given should not be based on mere suspicion. Reversible methods of contraception should be advocated in those cases where the risk of a baby being born with a serious genetic disease is high.

Non-Muslim Patients

The attitude of a Muslim doctor at all times must be in consonance with the teachings of Isl�m for all his patients. Therefore, a different standard with regard to contraception and sterilisation for non-Muslim patients cannot be adopted.

Abortion

In Isl�m, abortion is primarily a prohibited sphere. The general rule is that abortion is har�m. Under certain circumstances, however, an abortion may be permissible. According to the Shar�ah, the sin of abortion, once the limbs have formed, is the same as murder. An abortion prior to the limbs being formed would not carry the sin of murder, but still is a major sin.

Period of Gestation

In a Hadith related by Im�m Bukh�ri and Im�m Muslim, our beloved Prophet Muhammad Sallall�hu alaihi wasallam has said:

Based on this, Muslim jurists have deduced that the first four months of gestation is the critical time period. After this the foetus is regarded as being 'alive' and all abortion is not permissible for any reason whatsoever, and if performed would constitute murder. ]'bus an abortion may be performed when a very valid and legitimate reason exists and certain stringent criteria are fulfilled, only prior to the first four months of gestation period.

However, if the pregnancy, constitutes a serious threat to the life of the mother, then an abortion is permissible irrespective of the period of gestation.

Permissible Factors

If there is a high risk that a woman may suffer from any of the following factors, then in tile opinion of an honest, reliable and an experienced Muslim doctor, abortion may be permissible prior to four months gestation:

If the pregnancy constitutes a danger to the mother's physical and mental health.

If there is a possibility of the foetus being born with a generically transmitted disease or a severe congenital defect.

If an intra-uterine diagnosis of a severe foetal abnormality, incompatible with life is made e.g. Anencephaly.

It must however be stressed that these are exceptional circumstances in which all abortion is allowed. Once again it must be emphasised that the permission granted rests on medical grounds.

Cripple

If a pregnant woman is severely crippled or suffers from a serious mental illness and is in no position to care for herself, and If it Is possible to give the child for caring or adoption after it is born. then abortion is out of the question. However, if no such arrangement can be made, then an abortion will be permissible before the end of the first four months of gestation.


Control of Menstruation

Some women control their menstruation periods with the aid of drugs to suit certain occasions e.g. honeymoon, Haj, etc.

All�h says in the Qur��n:

I'm impressed - contraception can be ok when agreed upon by both partners and when non-permanent.

Very impressed - puts you guys a long way ahead of the Catholics, in terms of sensibility, women's rights and attempting NOT to over-populate our over-burdened planet.

I see it still leaves the woman open to possible abuse if she doesn't want to have more children at a particular stage for whatever reason, but her husband insists. Or even if the _husband_ doesn't want more children at some stage (because he might feel they don't have enough money), but _she_ still wants them.

But still, the fact that it's allowed and not even disliked I think is a very, very good thing. Not that _my_ opinion counts at all

Kim...

Bi ismillahir rahmanir raheem

Assalamu alaikum

The people of Muhammads time are the best people of this Ummah now we are the scum of the earth, we would follow western people even if cralling into a lizards hole became a trend for them. im certain you know the hadith.

There is nothing to brag about of course the religion of Allah is above other ways of life that is only logical, you dont show of with it.

Discussion Guideline #5. The subject of your message should be in accordance with the theme of the forum. (if the text is found irrelevant to the theme, it may be deleted).We also request you to avoid straying from the 'topic' of discussion.

this is an old topic, yet very interesting and relevant

i underwent a tuballagation last year in February. it was done at the time i had a c Section to deliver my son. i have 4 kids, 3 of which i had c sections. the doctor advised that my womb is weak and that its risky for a woman to have more than 4 c secions, as she may lose her life.

this is a common practice in my country. women who have 4 c sections are automatically given a tuballalagation . they dont ask u anything about it. thye just make u sign the consent form. in fact i signed my form while i was on the operating table.

this has now become standard procedure and i doubt that they even look into the merits of each case. my first child was born through natural child birth and when i opted to go that route this time, i was told that my womb is weak cos i had 2 c sections in the past. but i was not examined so i wonder, how did my gynae conclude that my womb is weak and that i cant give birth naturally again.

its unfortunate that such matters are left to experts whom we trust but in some cases, it feels like they dont act in our best interests. no one even bothered to ask me , if i wanted to have more kids, or if i wanted to have the ligation. it was done as a standard procedure.

This maybe should be a seperate post but I am curious as to how it works in certain areas. I really love the natural world and we, humans, have been responsible for the extinction of several sepcies. maybe more then several. I know that in some areas there is a limited amount of space and humans are taking the land, espcially in Asia and there is a big crisis going on for several species..

how does that balance work? We are keeps of the natural world and the natural world, or other living being are being pushed to the margins or driven out altogther. How do we manage it? If all of the good land is taken for people, is that what we are suppsoed to do?

just curious...

WAS,

Well i just wanted to say that I believe only Allah can create life. I have some friends sr's very healthy with nothing physically wrong with them or their spouse and they can not conceive and have tried for years. I also know some sr's that conceive yearly just about and have families with more than 10 children. I believe that it is Allahs' will and nothing happens with out his knowledge or consent.

I have 4 children and with all of them was very high risk suffering from pre-eclampsy and uterin tumors. The last 2 children I spent many weeks before their birth under constant fetal monitoring. I did have a tubal ligation after the birth of my 4th. After my 2nd and 3rd children were born they did have complications that made them stay in the hospital for a while do to lack of oxygen and other factors from my health.  My husband and I both discussed it at length and decided it was best for my health.

I have a friend that is an OBGYN and she surprised me by telling my that tubal ligation is not 100% effective there are small percentages of women that do become pregnant after having this procedure. There is also some clinics here in the USA I think one well known in the Carolina region that has been reversing this procedure and has had a 40% or higher success rate with women being able to conceive again.

So I don't know for my situation if I will be punished for my decision that was made with my husband or not on the day of judgement. But at the time I was new in Islam and did not know that it was forbidden and my husband didn't know it either. It is also a common practice in his country as well many women just getting it done after a few children to limit size of their families which is surprising to me that it's done in a Islamic country.

Very good topic.

Aminah