Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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 for the guardian, or the father of the child to hit the latter in order to teach him/her good manners?

It is permissible for the guardian to hit his/her child for teaching them good manners once they become ten years old provided that it is done mildly, harmlessly and without intimidation. Actually, such punishment is to be employed gradually i.e. after: asking, warning, and scolding. As for the teacher, he isn`t allowed to hit the student unless the latter`s father approves of it, and it is done according to necessity without intimidation, or harm.

What is the ruling of Sharia on unregistered marriage in Jordan?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [Related by Tirmithi, Hadith No.1102]. The Prophet (Peace and blessings be upon him) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best

Is it permissible for a teacher to have one of the school meals originally allocated to students considering that there is plenty of them and they may spoil?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The Ministry of Education has the final say in this regard because it isn`t allowed to take from public funds save with the permission of the body in charge of spending from it. In fact, we have sent a letter to the Ministry concerning this issue and we are waiting for an answer. However, to prevent spoilage of the meals, they can be sold and the price kept in favor of the students or distributed amongst the students themselves. And Allah The Almighty Knows Best.

I`m a god-fearing woman. I`m two months pregnant but my husband insists that I have an abortion?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
It isn`t permissible for you to abort the fetus unless it endangers the mother`s life. Therefore, try to convince your husband to change his mind and encourage him to pay us a visit. And Allah The Almighty Knows Best.