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Resolutions of Iftaa' Board

Date Added : 28-10-2015

 

Resolution No.(35): “Issues in Pregnancy and Childbirth“

Date: 23/12/1413 corresponding to 13/6/1993

 

The Board has received the following questions:

Question (1):

What is the ruling of sharia on the use of the loop, taking into consideration that it prevents a sperm from reaching an ovum or causes the fertilized ovum to be aborted?

Answer: 

A loop is a contraceptive tool, and using it for a lawful reason is permissible with the consent of both spouses similar to practicing coitus interruptus, for Jabir (May Allah be Pleased with him) said: “We used to practice coitus interruptus during the lifetime of Allah's Apostle while the Quran was being revealed.” Muslim narrated on the authority of Jabir:” The Prophet knew about that (coitus interruptus) and didn`t prohibit us from doing it.”

Question (2): 

A pregnant woman whose fetus has water in his head (congenital malformation), what is the ruling of Sharia on drilling his head to allow the water to come out in order to be delivered naturally or by a caesarian section?

Answer: 

If it was verified that the water in the fetus`s head prevents delivering him naturally or by caesarian section, then we should distinguish four cases:

First Case: It is possible to treat him while in his mother`s uterus, and the doctors decide drilling his head and drawing the water out of it. In this situation, it isn`t permissible to resort to any other procedure.

Second Case: It is impossible to take him out of his mother`s uterus no matter what, because his head is big and treating him isn`t possible. In this situation, drawing the water out of his head is an obligation, even if it leads to his death, to save his mother.

Third Case: If the specialized doctors decide that this fetus has no chance to survive regardless of the procedure employed in delivering him, then it is permissible to drill his head to allow the water to come out.

Fourth Case: If the specialized doctors determine that there is a chance for the fetus to survive with being deformed, then drilling his head is impermissible and they are obliged to take the necessary measures to deliver him and preserve the life of the mother.

Question (3):

 A woman has given birth to two deformed babies. However, she got pregnant, and underwent a medical test, which proved that her fetus is deformed as well; what is the ruling of Sharia on aborting it?

Answer: 

If it became four months old or more, then aborting it is impermissible, even if it was deformed, in case the doctors determined that it is likely to survive. However, if it jeopardizes the mother`s life, then it is permissible to abort it. Moreover, if it didn`t become four months old, and it was confirmed that its deformity will make its life unstable, then it is permissible to abort it with the consent of both spouses.

Question (4): 

A woman got pregnant for the first time, but her husband wants her to give birth by undergoing a caesarian section, although she can have a natural delivery?

Answer: 

In principle, natural delivery is the norm because it is in the best interest of both, the baby and its mother. Therefore, it is impermissible to substitute natural delivery with a caesarian section, unless for a necessity assessed by the doctors.

Question (5): 

A woman has many children, but her income is insufficient, so she wants to have her tubes tied, and refuses to use any other means of birth control. Is this permissible?

Answer: 

It is impermissible to tie her tubes for the above reason because undergoing this procedure will stop her from giving birth, she will become barren, and this involves defacing the nature created by Allah. He states in the Noble Quran what Satan said to Him {what means}: “I will mislead them, and I will create in them false desires; I will order them to slit the ears of cattle, and to deface the (fair) nature created by God." Whoever, forsaking God, takes satan for a friend, hath of a surety suffered a loss that is manifest. “ {An-Nissa`/119}. Undergoing such a procedure also violates the intentions of Islamic Sharia as regards preserving the offspring. 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 favors? “ {An-Nahil/72}. In addition, it was narrated that the Prophet (peace and blessings of Allah be upon him) 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.” And Allah Knows Best.

 

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

Acting Mufti General, Sheikh Saeid Hijjawi

Mufti General of Jordanian Armed Forces: Mhamood Shwayat

        Dr. Abdassalam Al-Abbadi

Dr. Umar Al-Ashkaar

     Dr. Mohammad Yaseen

       Dr. Mahmood Al-Sartawi

         Dr. AbdulAziz Al-Khaiyaat

               Sheikh Ibrahim Khash-shaan

   Sheikh Ratib Az-zahir

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Summarized Fatawaa

An Arab young man had an illegitimate sexual relationship with a Christian American while she was staying in one of the Arab countries. After she returned to America, she told him that she had doubts that she was impregnated by him. It is worth pointing that it is hard for him to get a visa to the USA. What is the ruling of Sharia on this?

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.
Zina (Adultery and extramarital relations) is one of the grave sins that incur the wrath of Allah if the adulterer didn`t make immediate repentance. However, the child isn`t attributed to the adulterer. Rather, he/she is attributed to the woman who got pregnant by him and, according to Sharia, it isn`t considered a legitimate child of the adulterer. And Allah The Almighty Knows Best.

Should a pregnant woman who broke fast because of pregnancy make it up, and is a ransom due on her?

The pregnant and the suckling, if they fear for their health, may break their fast and make up for it, and no ransom is due on them. However, if they broke fast in fear for the fetus and the baby, then they are obliged to make up for it, and pay the ransom which is feeding a needy person for each of the missed fasting days.

I have been married for five years. My husband has two sons from his first marriage. Nevertheless, I took care of his children, and gave birth to a baby boy who is now three years old. Unfortunately, we keep fighting all the time; sometimes over his two sons and sometimes over his family. If I serve his family members and praise them, he treats me kindly. If I don`t, he turns my life into living hell. What should I do?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Spouses should live with each other on a footing of kindness and equity. In your case, constructive dialogue is the best course of action. We advise you to be patient, commit your affair to Allah and ask Him to help you. We also recommend that you seek the help of the people of goodness and make them fix things between you and your husband. If all attempts for reconciliation fail then go to court, but we remind you that a problem, which could be solved with a beautiful word, is no problem at all, so praise family and children and try your best to win their hearts. And Allah The Almighty Knows Best.

What should a woman who is in a state of menstruation, or confinement do if she became ritually pure during the day of Ramadhaan ?

If she became pure during the day time of Ramadhaan, it is desirable for her to fast the rest of that day, and to make up for it along with the days that she had missed due to menstruation.

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