Contraceptive- Islamic perspective.

In the name of Allah, Most Compassionate, Most Merciful,

First of all, it should be known that, one of the main aims of marriage in Islam is procreation. Islam encourages its followers to reproduce in large numbers in order to increase the size of the Ummah of our Prophet (Allah bless him & give him peace).

Allah Most High says in the Qur’an:

“So now hold intercourse with your wives and seek (the children) what Allah has ordained for you.” ( Surah al-Baqarah, V: 187)

In a Hadith recorded by Imam Abu Dawud, Imam an-Nasa'i and others, the Messenger of Allah (Allah bless him and give him peace) said: “Marry women who are loving and reproduce in abundance, for I shall outnumber the other nations by you.”

It is clear from the above, that Shariah encourages its followers to abstain from practicing birth control, especially, when it is given a formal, organized and general approach. Therefore, one should refrain from practicing contraception unless necessary.

As far as the Shar’i ruling is concerned, there are two categories of birth control and the ruling of each is different. The ruling of each category is as follows:

1) Permanent Irreversible Contraception

This type of contraception is carried out when the couple decide never to have a baby. It is done with a sterilization operation carried out either on the man (Vasectomy) or the woman (Tubectomy) and renders the couple incapable of ever having children.

The ruling with regards to this is that, it is unlawful (Haram) to carry out such operations. There are many Narrations of the Messenger of Allah (Allah bless him & give him peace) and clear texts of the Fuqaha (Jurists) which determine this.

The Companion, Sayyiduna Abdullah ibn Mas’ud (Allah be pleased with him) said:

“We use engage in Jihad in the company of the Messenger of Allah (Allah bless him & give him peace) and our wives did not accompany us. We said: O Prophet of Allah! Shall we not castrate ourselves? He forbade us from doing so.” (Sahih al-Bukhari)

The great Hanafi Jurist, Allama Ibn Abidin (Allah have mercy on him) says:

“Castration(Sterilization, Vasectomization) of humans is Haram.” (Radd al-Muhtar).

Imam al-Ayni (Allah have mercy on him) says:

“Castration (and sterilization) is prohibited with the consensus of all the scholars.” (Umdat al-Qari)

However, in cases of extreme necessity, Irreversible contraception will become permissible. For example, a woman’s life is in danger or repeated pregnancies gravely damage her health, etc. This however, should be advised by a Muslim qualified doctor.

2) Temporary Reversible Contraception

There are many methods by which reversible contraception can be performed. Coitus interruptus (Withdrawal method), the pill, using of the condom, i.u.d, spermicidal, just to mention a few.

The ruling on reversible contraception is that, it is somewhat disliked (makruh tanzihan) if practiced without any reason. If there is a genuine reason, then it will be totally permissible with the permission of the wife. Some of the reasons (for the permissibility of reversible contraception), which the Fuqaha mention, are:

a) Physical state of the woman,

b) Weakness and illness,

c) The couple are on a distant journey,

d) The couple’s relations are unstable and divorce is likely,

e) Spacing out children in order to give them adequate care and attention,

If contraception is practiced due to a reason contrary to the teachings of Shariah, then it will not be permissible. Some of these reasons are:

a) Fear of poverty and not being able to provide,

b) For the fashion of keeping small families and imitating the Kuffar,

c) Being ashamed of having a girl,

There are many narrations from the Messenger of Allah (Allah bless him and give him peace) which signify the permissibility of reversible contraception, but at the same time indicate it to be undesirable.

Sayyiduna Jabir (Allah be pleased with him) says: “We used to practice Coitus interruptus (Withdrawal method) while the Qur’an was being revealed. The Messenger of Allah (Allah bless him & give him peace) knew of this and did not prohibit us.” (Sahih al-Bukhari and Sahih Muslim )

As to whether abortion is a form of killing a human, Surah 17:31 warns believers in general: “Kill not your children for fear of want. We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.”

There are those in Islam who oppose all abortions. A favored text to support this is: "Do not kill your children for fear of poverty for it is We who shall provide sustenance for you as well as for them." (Surah, Al-An' am, 6:151). 

The Qur'an says:

We created man from an essence of clay: then placed him, a living germ, In a secure enclosure. The germ We made a leech like subtance; and the leech like substance a lump of Flesh; and this We fashioned into bones, then clothed the bones with flesh;Then We develop it into another creation. (Surah Al-Mu'minoon, 23: 12-14)

This verse reveals how the fetus is formed and transforms into a complete human being. The elaborate process of the development of the first human being is given in the Qur'an as follows:

He who has made everything which He has created most good. He began the creation of man with(nothing more than) clay, and made his progeny from a quintessence of the nature of a fluid despised. Then He fashioned him in due proportion and breathed into him something of His Ruh(Life-Energy). And (with this) He gave you (the faculties of ) hearing and sight and understanding. (Surah Al-Sajadah, 32:7-9).

During the development of fetus, the body received the Divine Ruh (Life-energy) and subsequently the human faculties of hearing, sight and understanding were developed.

There is no agreement among legal scholars – including those of the founders of the four schools of religious law of the early Islamic period – as to the exact point in time this happens, however.

The Shari'ah allows abortion only when doctors declare with reasonable certainty that the continuation of pregnancy will endanger the woman's life. This permission is based on the principle of the lesser of the two evils known in Islamic legal terminology as the principle of al-ahamm wa 'l-muhimm (the more important and the less important). The Prophet said, "When two forbidden things come [upon a person] together, then the lesser will be sacrificed for the greater." In the present case, one is faced with two forbidden things: either abort the unborn child or let a living woman die. Obviously, the latter is greater than the former; therefore, abortion is allowed to save the live person.

Most scholars say that abortion is legal under Islamic Shari'ah (law), when done for valid reasons and when completed before the soul enters the embryo. But what we cannot establish is the exact time on which the soul enters the embryo. To abort a baby for such vain reasons as wanting to keep a woman’s youthful figure, fear of poverty are not valid. Quran says:-

"...And do not slay your children for (fear of) poverty -- We provide for you and for them --- and do not draw nigh to indecencies, those of them which are apparent and those which are concealed, and do not kill the soul which Allah has forbidden except for the requirements of justice: this He has enjoined you with that you may understand." (6:151)

 Embryonic development was central to the Muslim arguments on abortion. According to Muslim scholars, it is lawful to have an abortion during the first 120 days, but after the stage of ensoulment (after the soul enters into the fetus), abortion is prohibited completely except where it is imperative to save the mother's life. After ensoulment, however, abortion is prohibited absolutely and is akin to murder.

The Hanafi scholars, who comprised the majority of orthodox Muslims in later centuries, permitted abortion until the end of the four months. According to them, a pregnant woman could have an abortion without her husband's permission, but she should have reasonable grounds for this act. One reason, which was mentioned frequently, was the presence of a nursing infant. A new pregnancy put an upper limit on lactation, and the jurists believed that if the mother could not be replaced by a wet-nurse, the infant would die.

Views of Four Madhhabs (Schools of Thought) 

There is broad acceptance in the major Islamic schools of law on the permissibility of abortion in the first four months of pregnancy. Most of the schools that permit abortion insist that there must be a serious reason for it such as a threat to the mother's life or the probability of giving birth to a deformed or defective child. However, as the Egyptian booklet."(The Arab Republic of Egypt published a booklet called "Islam's Attitude Towards Family Planning.") says: "Jurists of the Shiite Zaidiva believe in the total permissibility of abortion before life is breathed into the fetus, no matter whether there is a justifiable excuse or not." That would be a pure form of what some call "abortion on demand."

The majority of orthodox Muslims (following the Hanafi school) in later centuries, allowed abortion until the end of the four months. According to them, a pregnant woman could have an abortion without her husband's permission, but she should have reasonable grounds for this act. Most of the Maliki jurists (legal scholars) described abortion as completely forbidden. In their view, when the semen settles in the womb, it is expected to develop into a living baby and it should not be disturbed by anyone. According to Ibn Jawziyyah, when the womb has retained the semen, it is not permitted for the husband and wife, or one of them or the master of the slave-wife, to induce an abortion. After ensoulment, however, abortion is prohibited absolutely and is akin to murder.

The Hanafi school (prevalent in Turkey, the Middle East and Central Asia) allows abortions to take place principally until day 120; some jurists restrict this provision to “good cause”, e.g. if the mother is still nursing an infant and fears that her milk may run out during the new pregnancy. In aborting up to day 120, the woman commits a mere moral transgression, not a crime. The Shafi school (dominant in Southeast Asia, southern Arabia, parts of East Africa) allows abortions to be performed up to day 120. For the Maliki school (prevalent in North and Black Africa) an abortion is permissible with the consent of both parents up to day 40; it is no longer allowed after that. For the Hanbali school (predominant in Saudi Arabia and United Arabic Emirates) abortions are principally prohibited from day 40 onward.

Some Shiite groups, such as the Ismailis, do not permit abortions to take place at all. In case of infringements of this law, abortions before day 40 are penalized with a monetary fee. Other Shiite groups such as the Zaydites allow abortions to be performed up to day 120, equating an abortion up to this point with contraception. Whoever injures a pregnant woman to the extent that she loses her child must pay compensation according to Islamic law. Strictly speaking, this money belongs to the dead child, who is to inherit it. The family of the woman who undergoes an abortion must also pay compensation if the child’s father had not consented to the abortion performed on her.

Several differences become clear, however, between modern legal practices and the statements made by early Islamic jurists. In principle, the protection of unborn lives is today in the forefront, i.e. modern-day legal scholars judge more conservatively than the authors of the early Islamic legal texts. Exceptions are made in some countries if the life of the mother is endangered, based on Surah Baqarah, 2:233: "A mother should not be made to suffer because of her child.” As a result, abortion is possible for health reasons up to day 90 in many countries. In Algeria, Egypt, Iran, Pakistan and Turkey abortion is fully prohibited (an exception is made if the mother’s life is endangered); this does not imply, however, that abortions are not at all performed. Tunisia’s liberal abortion practice allows for abortions to be performed up to the end of the third month. There, abortions are principally permissible for single as well as married women in the first three months, provided that a registered doctor performs them. The approval of the husband or of a male guardian is not required in Tunisia.

Some contemporary voices speak out fully against abortion, arguing that Islam is granted strength through multitudes of children. Traditionally, a large family with several sons has always been the ideal situation in the Islamic world. Abortion in this context is compared with murder, with references to the endangered health of the woman. Other voices view abortion as a type of birth control and refer to the fact that the wives of prophets also practiced birth control with the approval of Prophet Muhammad (peace be upon him). Muslim women’s rights advocates demand the right to free abortion in connection with the demand for self-determination. The hesitation of many doctors, for fear of legal prosecution, to perform abortions in clinics leads to illegal operations and numerous cases of death. A number of legal assessments (fatwas) have been published on the subject of abortion; this support one viewpoint or the other but do not legally have the character of law and are therefore not binding.

Abortion in Islam 

Some Muslims argue that abortion is permissible if the fetus is younger than four months (120 days). They quote a statement from the Prophet (s) that refers to a human being starting as a fertilized ovum in the uterus of the mother for forty days, then it grows into a clot for the same period, then into a morsel of flesh for the same period, then an angel is sent to that fetus to blow the Ruh into it and to write down its age, deeds, sustenance, and whether it is destined to be happy or sad.

Assuming the Hadith to be authentic, scholars explain that the error comes from understanding that before the Ruh is blown into the fetus at 120 days, the fetus is not a living entity, and therefore aborting it does not amount to killing it. It therefore becomes clear that aborting a fetus before 120 days is still killing a living entity, let alone abortion after that presumed period.

Some Muslims argue that the only case when aborting a fetus, before or after 120 days, is allowed in Islam, is when a medical situation threatens the life of the mother, leaving only two options, to let either the other or the fetus survive, but not both. Scholars argue that such a case can only be determined by a specialist, trusted and committed Muslim doctor. They argue that the mother can have other children, whereas the child cannot make up for losing the mother.

Sheikh Yusuf Al-Qaradawi 

Sheikh Yusuf Al-Qaradawi states in his well-known book, “The Lawful and the Prohibited in Islam”:

“While Islam permits preventing pregnancy for valid reasons, it does not allow doing violence to it once it occurs.

Muslim jurists have agreed unanimously that after the fetus is completely formed and has been given a soul, abortion is Haram. It is also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, living human being. Jurists insist that the payment of blood money (diya) becomes incumbent if the baby is aborted alive and then died, while a fine of lesser amount is to be paid if it is aborted dead.

However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is reliably shown that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the Shari'ah, that of choosing the lesser of two evils, abortion must be performed. The reason for this is that the mother is the origin of the fetus; moreover, her life is well established with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a fetus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.

It is permanently haram for a Muslim to marry a woman who belongs to one of the following categories:

1.The father’s wife, whether divorced or widowed. During the period of jahiliyyah such marriages were allowed. Then Islam prohibited them, for once a woman is married to a man’s father she acquires t...he status of his mother, and this prohibition is out of honor and respect for the father. Moreover, as this inviolable prohibition leaves no room for sexual attraction between the son and his step-mother, they are able to develop a relationship of respect and honor.

2.The mother, including the grandmothers on both sides.
3.The daughter, including the granddaughters from the son or daughter.
4.The sister, including the half, and step-sisters.
5.The paternal aunt, whether she is the real, half, or step-sister of the father.
6.The maternal aunt, whether she is the real, half, or step-sister of the father.
7.The brother’s daughter, i.e., his niece.
8.The sister’s daughter, i.e., her niece.

All these female blood-relatives are a man’s muharramat and he is mahrem to his corresponding female relatives. Marriage to any mahrem whomsoever is permanently prohibited. The reasons for this prohibition are as follows.

1.Entertaining any sexual thoughts concerning such close relatives as one’s mother, sister, and daughter is instinctively abhorrent to human nature; there are even certain animals which avoid mating with such closely-related animals. The respect a man feels for his aunts is like the respect he has for his mother, and likewise uncles are regarded as fathers.
2.Since the family must live together in intimacy and privacy but without incestuous relations, the Shari’ah intends to cut at the roots of any sexual attraction among such close relatives.
3.Since there is natural love and affection among such close blood relatives, the intent of the Shari’ah is to expand the circle of love and kinship by prohibiting incest and thereby directing the man’s search for women outside the family. Thus each marriage extends the sphere of love, bringing new people within this ever-expanding network of affection: “And He has put love and mercy between you.” (Surah 30: Verse 21)
4.The natural sentiments of love and affection between a man and the above-mentioned female relatives must be kept strong forever. If marriage were permitted between such relatives, it would cause jealousies, dissensions, and the disruption of families, destroying the very sentiments of love and affection which give cohesiveness and permanence to the family structure.
5.The offspring of marriages to such close blood relatives would most probably be defective and weak. Moreover, if physical or mental defects are present in the members of a family, they would become more pronounced among the children of such marriages.
6.The woman needs someone to champion her rights and support her case against her husband, especially when relations between the two of them become strained. If those women who could defend her became rivals, how would this be possible?

Marriages Prohibited by Reason of Fosterage
1.The foster mother: It is haram for a Muslim to marry a woman who has suckled him during his infancy, for suckling makes her like his real mother, since milk has gone into the making of his flesh and bones. Nursing consciously or unconsciously produces feelings of motherhood in a woman and of kinship in a child, and although these feelings might seem to disappear as the child grows and becomes a man, they remain hidden in the unconscious.
However, the prohibition of marriage based on fosterage is effective only if the suckling occurred before the time of weaning; that is, when milk was the primary source of food. Another condition is that the child has suckled his fill on five separate occasions, a fill being defined as when the child leaves off suckling of his own accord. After a survey of all the ahadith on this subject, the fixing of five sucklings as the minimum seems to be the preferred view.
2.Foster sisters: Just as a woman become a mother to a child by virtue of suckling, likewise her daughters become his sisters, her sisters his aunts, and so on. The Prophet (peace be on him) said: “What is haram by reason of genealogy is haram by reason of fosterage.” (Reported by al-Bukhari and Muslim.) Thus the foster-sisters, foster-aunts, and foster-nieces are all muharramat and marriage to them is permanently prohibited.

In-law Relationships
1.The mother-in-law: Marriage to the wife’s mother is permanently prohibited from the time a man enters into a marriage contract with a woman, whether he and his wife have engaged in sexual intercourse or not. The act of marriage itself gives the mother-in-law the same status as the mother.
2.The step-daughter: A man cannot marry his step-daughter (his wife’s daughter by a previous marriage) if sexual intercourse has taken place with her mother, his wife. However, if a man divorces his wife without having had intercourse with her, it is permissible for him to marry her daughter by a previous marriage.
3.The daughter-in-law: That is, the wife of the real son, not that of the adopted son. In fact, Islam abolished the permissibility of the system of legal, formalized adoption, because this is contrary to fact and to reality, resulting in the prohibiting of what is essentially halal and the permitting of what is essentially haram. Allah Ta’ala says: …Nor has He made your sons by adoption your (real) sons. Those are simply words from your mouths….(33:4) meaning that it is merely an expression of the language which does not alter reality nor transform an outsider to the family into a blood relative.
These three types of female relatives are forbidden in marriage in order that peaceful relationships may be maintained among the in laws.

Sisters as Co-Wives
1.As opposed to the practice of the period of jahiliyyah (pre-Islamic era), Islam forbade taking two sisters as co-wives at the same time, because the feeling of love and sisterliness which Islam wants to maintain between sisters would be destroyed if one sister became the co-wife of the same husband.
While the Qur’an mentioned the two sisters, the Prophet (peace be on him) added, “A man may not be married to a woman and her paternal aunt (at the same time), nor to a woman and her maternal aunt”. (Reported by al-Bukhari and Muslim.) and he said, “If you do this, you will sever your ties of kinship.” (Reported by Ibn Hibban.) And how could Islam permit the breaking of such kinship ties when it places so much importance on them?

Married Women
1.As long as a woman is married, her marriage to any other man is prohibited. She may marry another man only when two conditions are fulfilled:
1.Her marriage tie is broken either because of the death of her husband or because of divorce;
2.She has completed the period of waiting (‘iddah) ordained by Allah. For a pregnant woman this period ends when she delivers the baby. If she is widowed but not pregnant, the period of ‘iddah is four months and ten days, while if she is divorced and it is not known whether or not she is pregnant, the ‘iddah is three menstrual cycles. This ‘iddah relates to the woman who has menstrual periods; for a woman who does not menstruate, the ‘iddah is three months.
Allah Ta’ala says:

“And divorced women shall wait concerning themselves for three monthly periods. And it is not permissible for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day.” (Surah 2: Verse 228)

“…and As for those who have no further expectation of menstruation among your women, if you are in doubt, the waiting period is three months, as well as for those who have no menses. And for those who are pregnant, their period is until they deliver their burdens.” (Surah 65: Verse 4)

And, “For those of you who die and leave behind widows, they shall wait concerning themselves for four months and ten days…” (Surah 2: Verse 234).

Of these fifteen categories of female relatives to whom marriage is prohibited, fourteen are mentioned in Surah al-Nisa:

“And do not marry those women whom your fathers married, except what is past; indeed, it was an indecency and an abomination, and an evil path. Forbidden to you are your mothers and your daughters, and your sisters and your father’s sisters and your mother’s sisters, and your brothers’ daughters and your sisters’ daughters, and your foster mothers and your foster sisters, your wives’ mothers, your stepdaughters under your guardianship born of your wives to whom you have gone in—and if you have not gone into them there is no blame on you—and the wives of your sons proceeding from your loins, and that you should marry two sisters at one time, except what is past; indeed Allah is Forgiving, Merciful.” (Surah 4: Verses 22-23)

The prohibition against being married to a woman and any of her aunts at the same time is derived from the hadith cited above

Is SIN WILL of GOD or NOT?

Questions as such have nagged Man ever since he began conscious logical thinking.

Allah has ordained certain standards and measures for the functioning of the Universe. For instance, it is pre-determined for water to solidify at 0 ° C... and vaporize at 100 ° C, for fire to burn and scorch and for the Earth to exert gravitational pull, and so on so forth. In the physical world of living matter (plants, animals and humans), Nature has similarly ordained their taqdeer – some animals are herbivores, some are carnivores while Man is omnivore. The Sun, the Moon and all the other astral bodies are likewise bound to their respective taqdeer –their natural life spans and their properties.

But Human being is different from the rest of Creation in having the freedom of choice. Quaran says And say, "The truth is from your Lord, so whoever wills - let him believe; and whoever wills - let him disbelieve." Indeed, We have prepared for the wrongdoers a fire whose walls will surround them. And if they call for relief, they will be relieved with water like murky oil, which scalds [their] faces. Wretched is the drink, and evil is the resting place.

"Al-Quran 18:29

It is to be noted that Man is free to choose an action but they must bear the naturally ordained and pre-determined consequence of that action. If one puts one's finger in fire, one must suffer burns (because that is the taqdeer of that action). After that, one must turn to another action with a different taqdeer – like applying an ointment on the burn.

Similarly, in the human social world, Man is free to choose his actions but must bear the natural consequences of them. The laws governing the physical as well as the human social universe are unchanging and constant. Whosoever follows the Divine Law, even if to a very small extent, and does noble deeds will see pleasant results. And whosoever goes against the law, even if to a very small extent, would get appropriate punishment. Quran says in Surah The Earthquake 99:7-8

"So whoever does an atom's weight of good will see it,
"And whoever does an atom's weight of evil will see it."

So, one must act individually or collectively to get results in this universe. To get the desired results, the taqdeer of the Universe and the relating Laws of Nature must be discovered and kept in view at all times. The Natural laws, as we have seen are the standards and measures of things set by Allah.

Whatever happens in this world is by the will of Allah, no doubt. But why Allah wishes, this is the matter to be clarified? As you said we have been given freedom to chose good or bad and to be muslim or non-muslim, so when the person chose... the wrong way and acts wrong deeds then Allah Subhaanahu take a decision accordingly, and this is the will of Allah.

Just take a simple example- in a family, parent want their children to follow the good ways of life but childrens do just the opposit. Are the children going to claim that this was the WILL of the Parent. No, this was the WILL of the son/daughter. Similary, Allah never will the human being does the SIN but human being Commits due to his WILL. So to give the punish of that WILL is the WILL of Allah(SWT). Human being was created from mud and asked the Angels to respect him. The Angels was made of fire and therefore feel superior to Human Beings and denied the order of Allah. Then Allah SWT disown them. The Satan challanged to Allah SWT that they will misguide human beings and lead to wrong path. So Allah SWT agreed to the challange. So satan is everywhere and trying to invoke the evil thoughts on human being to depart from Allah's ways shown in Quran. Lets discuss the following example. Lets assue human being as Student. As SIN is WISH of SATAN invoked to human being who challanged to ALLAH SWT to mislead us at any cost. But to give concurrence is WILL of ALLAH. Without CONCURRENCE of ALLAH no bad or good thing will happen. But the Question is "why GOD CONCUR to a SIN". Well, ALLAH SWT has already written in minute details in QURAN about the Goodness and SIN. If GOD WILL, He can make every human being MUSLIMS, GIVE FOOD TO ALL CREATURES without any WORK, GIVE ALL WEALTH. We are under testing just like board examination. If teacher wish, he can make all student PASS , then where is the point of test. We all are student of Allah and under test. Even if TEACHER knows that a student is writing a wrong answer in front of him, he wont tell student but allow him to do what he thinks deem correct. In the same way, ALLAH know everything what we are doing is whether a SIN or not but wont stop us as we are under Test. So ALLAH will allow us to do what we wish.  

Source: Dr. Zakir Naik and Own logic