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Resolutions of Iftaa' Board

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

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

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

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