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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Should water be put in the deceased`s mouth and nose while washing him/her?

Putting water in the mouth and nose of the deceased while washing him is impermissible.

I`m a university student. While I was sitting for an exam, the professor caught my fellow student cheating. I heard him telling her to hide the dossier. After the exam, he asked me to testify that I saw her cheating although I heard him telling her to hide the dossier but didn`t see her cheating. 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.
It was narrated that the Prophet (PBUH) said to a man: "Do you see the sun?" He replied: "Yes." He said: "Give witness in a similar case [which is as clear as the sun], or leave it." [Reported by Al-Baihaqhi in "Sho`ab Al-Eman" pp.10964]. Therefore, it is not permissible to testify about something that you haven`t actually seen. And Allah The Almighty Knows Best.

Ruling when Husband Utters Divorce Jokingly, or in the State of Intoxication or Anger 

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The man who utters divorce while in the state of anger, his divorce doesn`t take place and the same ruling applies to the man who is forced to utter divorce because he is threatened to be killed or one of his organs cut off, in addition to other matters that scholars have mentioned in this regard. However, the man who utters divorce jokingly or while having intentionally drunk alcohol, his divorce takes place. And Allah The Almighty Knows Best.

Is it permissible for the woman who is observing Iddah after her husband`s death to sit with her daughter`s suitor, although their marriage contract hasn`t been concluded yet?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
A suitor who hasn`t concluded the marriage contract isn`t a Mahram*, so he must be treated as such. And Allah The Almighty Knows Best.
* The period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
* In Islam, a mahram is a member of one's family with whom marriage would be considered haram, concealment purdah, or concealment of the body with hijab, is not obligatory; and with whom, if he is an adult male, she may be escorted during a journey, although an escort may not be obligatory.

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