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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 for the mother to give her children from the Zakah (obligatory charity) of her money?

It is permissible for the mother to give her children from the Zakah of her money if they are Zakah-eligible recipients, and she isn`t obliged to provide for them.

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

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