Abortion and Contraception

The Rulings of Abortion and Contraception in the Light of Shariah...

Birth control, abortion and contraception are one of the major issues that areVaking place in many places around the world. The duty of tackling this problem lie/on the shoulders of the ULAMAS. It is their responsibility to outline the Islamjjc perspective in regards to this issue.

In this article, the three main issues which are going to be discussed] are as follows:

1. What are the Islamic Ailings behind contraception and abortion aid by carrying out this act, does it contradict the fundamental Islamic principles or not! And when will it be permissible to do or not when will it not be?

2. What will be the consequences?

3. Those people who say it re permissible at all times, what are their arguments?

1.What are the Islamic Rulings?

This was prominent in the blessed time of the Prophet Sallallahu Alayhi Wassallam and is even highly evident at present. Hence precedent can be taken from that time. Different queries were put forward to the Prophet Sallallahu Alayhi Wassallam and the Prophet Sallallahu Alayhi Wassallam answered them in the light of the shariah.

Collectively there are four categories of this.

1. To cut off the process of progeny permanently.

2. To prevent pregnancy using a certain barrier between the semen and the egg.

3. After pregnancy, prior to the entrance of the soul into the child (which is within tour months) to terminate the foetus through a certain way.

4. To terminate the foetus after thefcoul has been blown into the child (aflfer four months.)

The first category that was prevalent at that time was called 'Ikhtisa'. In other words to sever the testicles. This process is commonly known as castration. Ibn Masood Radhiallaho Anhu relates that we used to go out for jihad with the Prophet Sallallahu Alayhi Wassallam and we would seek permission to cut off our testicles in order to eliminate the strength of desire and to continue performing jihad. The Prophet Sallallahu Alayhi Wassallam strongly condemned this and prohibited this act And in reference to this the Prophet Sallallahu Alayhi Wassallam recited a verse of the Qur'an in which Allah the Almighty states:

"O believers do not prohibit those pure things what Allah has permitted for you." Hazrat Abu Hurairah Radhiallaho Anhu on the account of poverty also sought permission to sever the testicles with the apprehension of not providing sufficient expenses for his wife. The Prophet Sallallahu Alayhi Wassallam forbade him from doing so. (Bukhari)

Besides this, other similar questions were put forward to the Prophet Sallallahu Alayhi Wassallam by other companions, yet the Prophet Sallallahu Alayhi Wassallam still prohibited them.

It can be clearly understood from the abovementioned Hadith that to adopt a method to eliminate of the ability to procreate is not permissible under any circumstances. Even though the Sahaaba's intentions were sincere, the Prophet Sallallahu Alayhi Wassallam still prohibited them. Hence, for any reason whatsoever, this will not be permissible.

The second category is the prevention of pregnancy through means of contraception such as the use of a condom etc. What was commonly known at that time was called Azal meaning coitus interruption. The case when in which the semen is prevented from meeting the egg of the woman for fertilisation by adopting one of the abovementioned methods. The Sahabas used to carry out this act only on certain occasions when the need arose.,'When the Prophet Sallallahu Alayhi Wassallam was questioned in regards to this. He, Sallallahu Alayhi Wassallam gave different answers toevery individual in accordance their situation. The Prophet Sallallahu Alayhi Wassallam never clearly prohibited this nor categorically permitted it, but he disliked it. For instance on one occasion the Prophet Sallallahu Alayhi Wassallam said:

"If you were not to do it then there will be no hann because what is about to be created (a child) will be created."

On another occasion the Prophet Sallallahu Alayhi Wassallam said, "From every semen a child is not born. However if Allah intends to create anything then nothing can stop it."

In other words if it is decreed that from a semen a child will be born, then no matter fhow much effort be done against it, it shall reach its destination.

Hazrat Jabir Radhiallaho Anhu relates that we used to carry out 'Azal' while the Qur'an was being revealed. Allah Taa'la did not send down any verses prohibiting this act.

Besides this, there are many more incidents in regard to this matter, but in short, it is understood that it is not clearly prohibited nor clearly permitted. Therefore, the conclusion that the jurists have drawn is that to carry out this act is MAKROOH\TANZEEHEE, (permissible but disliked) but on urgent needs it is permissible. They are as follows:

1. A woman out of weakness cannot endure the pain of pregnancy.

2. A woman is at a certain place, away from her residence and she does not intend to stay there permanenty and, it would take her a long time to travel.

3. That the husband and wife are on the vergeof separation.

4. That the previous child's bad health may deteriorate.

5. The fear of the child being disobedient due to the corruption of the society.

If someone was to carry out this act of contraception because of the above mentioned reasons then it will be permissible.

However, if someone was to do this for such a reason that contradicts the Islamic principles, then it will not be permissible. For example, the father will not be able to provide any expenses for the child out of apprehension of poverty. It was for this very reason that in the days of ignorance, people used to bury their daughters.

Allah states in the Qur'an: "And no moving (living) creature is there on earth but its provision is there on earth but its provision is due to Allah. He knows its dwelling place and its deposit." (Surah HUD: 6)

"Kill not your children for me fear of poverty. We shall provide for them as well as you. Surely killing them is a great sin." (Surah Isra: 31)

So in conclusion to this second category, contraception is 'makrooh / tanzeehe' with out any valid reason. However, if there is an urgent need, then it will be permissible but if it contradicts the Islamic principles then it will be HARAAM.

The third category is to terminate the foetus prior to the entrance of the soul after pregnancy. In other words it is when one commits Abortion within four months of conceiving without a valid reason. Then in this case, it is not permissible. The valid reasons may be:

1. Due to pregnancy the woman's milk may dry up and because of other reasons the maintenance of the first child cannot be arranged.

2. If a well experienced pious Muslim doctor by examining the woman's health says that if she remains pregnant then either her life may be at risk or the child's.

The fourth category is to commit Abortion after four months (after the soul has entered the child). This will not be permissible at all whether there may be a valid reason or not.

2. What will be the consequences of doing this?

It has been the way of Almighty Allah that whenever there was the need of objects from which mankind could gain benefit from, then He the Almighty would increase the resources for it. For instance, during the Prophet's (SallallahuAlayhi Wassallam) era, horses, camels and donkeys were used as a means of transportation for people. As a result, Allah Taa'la increased the population of these animals for the use of mankind. However, when cars, aeroplanes, ships etc were "invented, they were used as a means of transportation, thus animals were no longer depended upon which resulted in a decrease in their population.

Even Oil, (which was very scarce in ihe Prophet Sallallahu Alayhi Wassallam's time has increased for the benefit of mankind.

Similarly, if the population of mankind will increase, Allah the Almighty through his divine power will amplify resources and provisions for people. As a result of apprehension of poverty, insufficient provision and the inevitable increase in the population in the near future, people commit abortion. People should understand that provisions for mankind will increase. If we take a glance back in time, we can see that the number of cars in England, America etc has tripled. Even then, more and more oil is still produced for mankind. If this is the case with oil, then why won't there be more prosperity? It is He the Almighty Allah who provide for the humanity.

Abortion causes many harmful affects in this world and in the hereafter.

Illegal sexual intercourse will become common amongst people. A woman who has become pregnant through illegal sexual intercourse naturally becomes ashamed to disclose the child to others knowing that she would be humiliated within her society. Through fear of this, these women would abstain from committing such an act, but by adopting this filthy custom of abortion without any valid reason and to make it a normal habit, will eradicate bashfulness and modesty and open the doors for illegal intercourse.
Divorces will be on the increase resulting in excessive arguments and quarrels. It is often the children that strengthen the bondage and link between the husband and wife and by not having any children; their separation would be very easy.
It affects the health of a woman. Compared to men, the woman's health is affected even more. By her committing abortion, her memory becomes weak. Whenever she becomes pregnant she will have to endure a lot of pain etc.
For a child to attain good disposition and modesty etc, is not only acquired by the parent's training, rather the parents could also receive this training by settling with them and expressing their love and affection for the child. This will intensify their good disposition towards others. So it is as though they train each other. If a person avoids having children, then they will be deprived of this great blessing.
May Allah the almighty project us from this and help us to attain Taqwa. - Ameen

3. Those that permit this actfot all times, under any circumstances, da they have relevant proof?

There are some people who permit this act at all times. Their evidence and their answers are as follows:

They present those ahadith which relate to 'Azal' as their main foundation. For example, it is related by Hazrat Jabir Radhiallaho Anhu that we used to carry out this act of 'Azal' in the era of the Prophet Sallallahu Alayhi Wassallam and he was informed of it and did not prevent us from doing this.
The evidence presented by them is incorrect because to come to a conclusion by merely observing at one or two Hadith is inadequate and folly. Just as a person cannot judge the depth of the water by standing on the coast. The jurists who have spent all their lives in the research of extracting masaail from the Qur'an and Sunnah and the conclusion which they have drawn out is more reliable as they have profoundly studied this matter. The conclusion that they reach is that the Sahabas had their reasons of doing AZAL. For instance, some did it because their slave women would not give birth so that it would not intervene with her domestic work.

However, the Prophet Sallallahu Alayhi Wassallam did not strongly prohibit it but disliked the act as long as it didn't contradict the Islamic principles. But with regards to birth control and abortion, if it is done due to the apprehension of povety, then it is similar to killing a soul as Allah the Almighty states in the Qur'an:

"And kill not your children for the fear of poverty. We shall provide for them as well as for you. Surely killing them is a great sin." (Surah AI-Isra:31).

"And no moving (living) creature is there on earth but its provision is due from Allah." (Surah HUD: 6).

Whenever the verse "And do not kill just your children" is presented to them, they differentiate between the two by saying that it is prohibited to kill children and abortion is to remove a zygote.
Firstly, they do not take into consideration the second portion of the verse which states, "For the fear of poverty." This indicates that any form of act which is committed to bring to an end the progeny out of fear of poverty is not permissible.

These are some of their baseless evidences and their brief answers which the Ulamahs have answered.

This was a brief discussion on the rulings of contraception and abortion in Islam.