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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

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

When does the time of Isha' prayer end?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It ends at the emergence of true Fajr (Fajr Al-Sadiq ), and when the second Athaan of Fajr starts.And Allah Knows Best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

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