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Resolutions of Iftaa' Board

Resolution No.(65): "Ruling of Sharia on Birth Control“

Date Added : 02-11-2015

 

Resolution No.(65): “Ruling of Sharia` on Birth Control“

Date: 9/5/1424 AH corresponding to 9/7/2003 AD.

 

The Board received the following question:

What is the ruling of Sharia on tying ovarian tubes and vasectomy?

Answer: All success is due to Allah

The Board is of the view that Islamic Sharia encourages Muslims to have many children to achieve the divine wisdom in the continuity of humankind. Allah, The Almighty Says {what means}: “And God has made for you mates (and companions) of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best: will they then believe in vain things, and be ungrateful for God’s favours?“ {An-Nahl/72}. The Islamic nation needs to multiply its offspring to preserve its existence, remain steadfast, achieve prosperity on earth, and push civilization forward.

Therefore, Islam called on Muslims to have many children. Anas narrated that the Prophet (PBUH) said: “Marry the one who is fertile and loving, for I will be proud of your great number before the nations on the Day of Resurrection”.

Moreover, it forbade every act that leads to not having children or lessening their number since Uthman Bin Maz`oon narrated that he said to the Prophet (PBUH), {what means}: “O Prophet of Allah, it is hard for me as a bachelor to kill my desire for sex. Why don`t you allow me to have a castration? The Prophet (PBUH) said: "you should adhere to fasting”.

Consequently, Muslim scholars unanimously agree that birth control is forbidden as well as any other procedures that lead to stopping human reproduction such as tying of ovarian tubes and vasectomy etc.

Although Islamic Sharia encourages having many children, it doesn`t approve of weak offspring, rather, it aspires for individuals who are strong mentally, physically, religiously and free of defects.

Thus, Islam enjoined choosing the suitable husband or wife when getting married. Both should have the previously mentioned traits so as for their children to be of the same caliber since the Prophet (PBUH) said: “The people will soon summon one another to attack you as people when eating invite others to share their dish. Someone asked: Will that be because of our small numbers at that time? He replied: No, you will be numerous at that time: but you will be scum and rubbish like that carried down by a torrent, and Allah Will take fear of you from the breasts of your enemy and last enervation into your hearts. Someone asked: What is wahn (enervation). Messenger of Allah (PBUH) replied: Love of the world and dislike of death“.

This Hadith shows that Islam is concerned with the quality of Muslims rather than their quantity, to occupy a prominent position amongst the other nations. Moreover, in case the wife`s life is at risk or the fetus is inflicted with a serious disease that is likely to spread or lead to a disability, Islamic Sharia allows resorting to any of the means that stop such a pregnancy in order to protect the soundness of this nation`s offspring and maintain its interests, provided that such a procedure is approved by a committee of trustworthy expert doctors.

As regards temporary birth control by regulating periods between pregnancies, this is permissible provided that both spouses approve of it. This is based on the Hadith of Jabir who narrated: “We used to practice coitus interrupt us while the Quran was being revealed. Jabir added: We used to practice coitus interrupt us during the lifetime of Allah's Apostle while the Quran was being Revealed.” {Bukhari}. And Allah Knows Best.

 

 Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                 Dr. Mohammad Abu Yahia     

                  Dr. Abdulsalam Al-Abbadi       

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

  Sheikh Saeid Hijjawi

     Sheikh Naeim Mujahid

             Sheikh Mahmoud Shwayyat

 

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Summarized Fatawaa

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, knows best.

What is the ruling of Islamic Law on speaking with one's fiancée (before the marriage contract) by telephone and WhatsApp?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Before the marriage contract, the two engaged persons remain non-mahram (strangers) to one another. Reciting al-Fātiḥah, receiving some money on account of the dowry (mahr), or accepting a gift are all merely a promise of marriage and not a valid contract under the Sharīʿah.
It is therefore forbidden for the engaged couple, before the marriage contract is concluded, to be alone together (khalwah) or to shake hands. It is likewise forbidden to speak by telephone or correspond without need. And Allah Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

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