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.

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