Resolutions of Iftaa' Board



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

What is the virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]
The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]
For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.
The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

Is it correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.