MODERN FAMILY PLANNING METHODS: ISLAMIC VIEWS

2. AHMAD Sa‘eid 13th J. Thaany, 1431h MODERN FAMILY PLANNING METHODS: ISLAMIC VIEWS

3. SYNOPSIS • Introduction • Meanings of terms • Family planning vs. birth control • Comparative Analysis • Methods of birth control • Views of Scholars • Summary of views • Conclusions

4. Introductions • Contraception has a long history in Islam that needs to be situated in relation to the broader Islamic ethos of marriage and sexuality. • Marriage in Islam is not automatically linked to procreation; an individual has the right to sexual pleasure within marriage, which is independent of ones choice to have children. • Thus, the Islamic approach to sexuality is compatible with a more tolerant approach to contraception and family planning. Sacred Choices: The Case for Contraception and Abortion in World Religions, ed. by D. Maguire. Oxford: Oxford University Press. (2003) • Indeed, should one decide on children, recommended child spacing is aDevine ordinance (Al-Baqarah: 233) • However, modern contraceptive inventions have given many an exaggerated sense of safety and prompted more people than ever before to move sexual expression outside the marriage boundary. Focus on the Family, Abstinence Policy (2005)

5. Terminologies • Family Planning: a conscientious and holistic organisation of the family towards fulfilling its purpose of existence. • This organisation seeks to address the size of the family (birth control) and the quality of its members; qualities of well-being and tuition of norms. • It answers for allocated duties and discharge of responsibilities, management of its economy and preservation of its legacies

6. Terminologies (ctd) • Birth Control: Deliberate regulation/limitation of occurrence, number, and/or spacing of off-springs by a couple. • Though, this in Islam, is an exclusive preserve of the man-head of the family, fitness, understanding and accent of the woman is nonetheless an important factor • As abortion per séis not a part of this discussion, no further mention of it shall be made

7. Birth control: Comparative Analysis • Most present human societies are made up of people of various religious and philosophical affiliations. • These often influence prevalent norms and acceptable morality • Understanding their attitudes towards the positions of their religions on the subject would help trace the root of the artificial legality mystery around it. • In apparent rebellion to this mix of views, most modern discourse of contraception feigns no regard for religion, and is brazenly mundane and atheistic. • Muslims must therefore learn to navigate his Faith through these confusions.

8. Birth control in other religions • Protestant Christianity • Prior to the 1930s, contraception was generally condemned by all the major branches of Christianity. This condemnation was relaxed by the Anglican Communion at the 1930 Lambeth Conference. • "The Church of England does not regard contraception as a sin or a contravention of God's purpose.“ Church of England, Science, Medicine, Technology and the Environment (2005) • “...the Catholic Church, ... in order that she may preserve the chastity of the nuptial union from being defiled by this foul stain, ... proclaims anew: any use whatsoever of matrimony exercised in such a way that the act is deliberately frustrated in its natural power to generate life is an offense against the law of God and of nature, and those who indulge in such are branded with the guilt of a grave sin. Pope Pius XI's 1930 encyclical entitled CastiConnubii.

9. Other religions(ctd) • Judaism • The Jewish view on birth control currently varies between the Orthodox, Conservative, and Reform branches of Judaism. • In traditional interpretations of the Torah, active prevention of pregnancy is in violation of the commandment "be fruitful and multiply" (Genesis 1:22). • In Orthodox Judaism, use of birth control is considered only acceptable for use in limited circumstances. • Reform Judaism allows individual followers to use their own judgment in what, if any birth control methods they might wish to employ.

10. Principles of Islamic Birth Control • Narated Abu Sa'id, “ . . . we desired women and abstinence became hard. [But] we wanted to practise 'azl (coitus Interruptus), and asked the Prophet (pbuh) about it. He said, 'You do not have to hesitate, for God has predestined what is to be created until the Judgement Day.'"

11. Views of Scholars; Pros • The general basis of permissibility of contraception is the Azl, discussed extensively in many great works • The most detailed analysis of Islamic permission of contraception was made by, Imam al-Ghazaali (1058-1111). Ihya' 'ulum al-Din , in the chapter on biology in religion. [7] • He stated; • There was no basis for prohibiting 'azl. • Prohibition in Islam was possible only by adducing a (nass, an explicit provision in the Qur'an or Hadeeth) or by analogy with a given text. • In the case of contraception, there was no such text, nor was there any principle on which to base prohibition.

12. Views of Scholars; Pros • Al-Ghazzali classified earlier and contemporary opinions into three groups: • Unconditional permission for 'azl; • Permission if the wife consents but prohibition if she does not. This is the view of Hanbali and Maliki groups, among othes. • According to some Hanafi scholars, this condition is precluded if the husband is convinced that the child will grow in an unhealthy moral (or others) environment. • Complete prohibition, a view expressed by IbnHazm and his followers of the Zahiriyah School. [9] • However, avoidance of female birth is an unacceptable motive for contraception.

13. Views of Scholars (ctd) • Ibn Taymiyah • "Allah creates children and other animals in the womb by willing the meeting of parents in intercourse, and the two semens in the womb. • A man is a fool who says, 'I shall depend on God and not approach my wife and if it is willed that I be granted a child I will be given one, otherwise not and there is no need for intercourse.’ • Withdrawal does not prevent pregnancy if God wills a pregnancy to occur, because there can be involuntary pre-emission of semen." [10]

14. Recent/Contemporary Scholars • The Grand Mufti of Jordan, Shaykh 'Abd Allah Al-Qalqili (R.A.), issued a fatwa in 1964 in which he said: • “There is agreement among the exponents of jurisprudence that coitus interruptus, as one of the methods for the prevention of childbearing, is allowed. Doctors of religion inferred from this that it is permissible to take a drug to prevent childbearing… We confidently rule in this fatwa that it is permitted to take measures to limit childbearing”. [20]

15. Recent/Contemporary Scholars • Dr. Ismail Balogun (U. I., Nigeria) wrote: • “The question that arises because coitus interruptus was the only contraceptive method known by the Prophet's Companions, and which practice the Prophet (pbuh) condones, is this: can Muslims of today practice any other method? The answer can only be in the affirmative, as long as other methods are not injurious, either to the man or woman. The question is tantamount to asking whether a Muslim can today wear clothes different in shape from those worn by the Prophet (pbuh) and his Companions during their time”. [21]

16. Recent/Contemporary Scholars • Shaykh 'Ali Jad al-Haq, the Grand Mufti of Egypt: • “Contraception, through withdrawal or any newer method, does not mean distrust in Allah's generosity or mercy. Do you recall what our Prophet (pbuh) said to the camelman who was afraid of losing his valuable beast? "First take the precaution of tying up your camel and then trust in Allah's care for her…” When Al-Ghazzali wrote about contraception as a possible solution of the family's problems, the great Imam was not suggesting disbelief in God's care for the family.”'

17. Views of Scholars; Cons • In all the early Muslim scholars, only one jurist rejected 'azl absolutely - Ibn Hazm (994-1063) the Spaniard, a Zahiriyah jurist. He aserted; • that numerous permissive ahadith were early and reflected the fact that in Islam everything was lawful until the Prophet (pbuh) prohibited it specifically. • that the Prophet (pbuh) had abrogated these permissive ahadith when he later said that 'azl was 'hidden infanticide.’

18. Views of Scholars (ctd) • However, these views (of Ibn Hazm) were strongly opposed by later jurists. • Ibn Qayyim al-Jawziyyah (1291-1351), a Hambali scholar, proved 'azl as permissible. Zad al-Ma'ad • He pointed out that, in any case, it was generally agreed in the Islamic law that infanticide applied only after the foetus was formed and the child born; coitus interruptus was clearly something else. • Besides, the hadeeth relied upon comes under contextual suspicion, giving its closeness to the saying of the jews. (see narration of Abu Sa’id) • Some other scholars of Sunnah, like Ibn Majah and Ahmad, agreed that coitus interruptus was permitted by the Prophet (pbuh). [13]

19. Principles of Islamic Birth Control • WHOM? • All discussions, before and hence, asserts thus: • Contraception is for legally (Islamically) married Muslims. • Though the responsibility of a final say lies on the Man’s shoulders, all practices are with mutual understanding of the couple. • Islam places as much importance on marriage and cohabitation being a means towards reprocreative end, as it is considered a tool to achieving morality and maintaining fidelity. • All marital conditions remaining binding, a wife shall for no reason embark on any contraceptive method without prior knowledge and express consent of her husband • As with all other religious obligations, the complete mental stability, of both partners is preserved.

20. Why? • Avoid health risks to the mother • Avoid pregnancy in an already sick wife; • Preserve a wife’s beauty and physical fitness, thereby, ensuring a happier marriage, and keeping the husband faithful; • Avoid the economic hardships and temptation of caring for a larger family. • Avoid transmission of disease from parents to their offspring; • Allow for proper rearing, and religious training of children, forestalling the dangers of immorality, or conversion from Islam in enemy territory;

21. How? • Unless in stringent, un-envisaged medical conditions, deliberate termination of a PREGNANCY (TOP, abortion) by any means runs foul of the Sharei’ah. • To be acceptable in Islamic legal framework, No contraceptive method shall impose a permanent physiological and/or anatomical change in either party. • The more significantly any method interferes with normal physiology/anatomy, the less permissible. • No contraceptive method, albeit permitted, shall cause, or constitute a potential danger to the health and/or life of any party. Thus, a thorough expert review is essential.

22. Methods of birth control • Traditional • Natural; abstinence • Artificial; withdrawal, various others, depending on people, place and time • Modern • This is the scientific approach to a wilful prevention of conception, without necessarily altering the habit or frequency of cohabitation. • While some of these are purely prophylactic, others are remedial. • There are several of these methods, the most well known listed below

23. Birth Control (graphical)

24. Methods of BC: How do they Work? • Suspensories/ Internal heat • Suspensoriesare specially designed briefs that hold the testes closer to the body, raising their temperature. • Suspensoriesmust be worn daily to provide effective contraception. • Clinical trials show that suspensories can suppress sperm counts and make the remaining sperm poor swimmers. • How does it work? • The testes are located outside the body cavity and are usually 1-2º C cooler than body temperature (Rock 1965). • Warming the testes by a few degrees has a significant negative impact on spermatogenesis.

25. How they Work (ctd) • Condoms • A physical barrier. • Made usually of latex, or some similar synthetic materials. • Some are impregnated with spermicides to improve their contraceptive properties • Available in male and female variants • Applied as shown • Sold over the counter.

26. Methods of BC:Medical • Oral Contraceptives • Most widely used. • Made of steroid hormone analogues • They mimic natural sex hormones, displacing and modifying their actions • Must be taken daily.

27. Methods of BC:Medical • In females they suppress ovulation • In males some suppress spermatogenesis, while others inhibits their movement • Return of fertility unpredictable after caesation of use • Causes osteoporosis, and other side effects on long term use • Some are associated with acute pulmonary embolism, and even some CAs

28. Methods of BC: Surgical • Sterilisation • Available for men and women • Invasive. Requires specialist expertise • An irreversible anatomical alteration, sterility is permanent • RISUG is new technique for men, reversible after 10 years

29. Surgical Methods: (ctd) • Intra-uterine Devices • Function mainly as physical barriers, but also evokes structural (inflammatory) modification of the endometrium • Many types available, eg., Ring, Cupper T, etc • Cheap and accessible • Usually completely reversible • Complications are mostly those of bleeding and infections • Cervical caps are simple physical barriers applied unto the cervix

30. Summary of Views • The number of conferences and publications by leading Islamic scholars in various parts of the Muslim world underscores the need for family planning and permission to use contraception. • Recurring elements in many of these conferences and publications follows: • " Islam is a religion of ease and not of hardship. Moderation is the recommended approach to life (Q2:185; 22:78). Thus large families in with limited access to resources often impose difficulties on the providers. • " In Islam there is a prioritization on the quality, rather than a large quantity of lives (Al-Bukhari). • " Planned spacing of pregnancies will allow the mother the time and opportunity to suckle and care for each child. (). • " Undernourished and weak offspring are more a source of anxiety and struggle than the "comfort" or "allurement" of the parents eyes as the Qur'an intends ().

31. Summary of Views (ctd) • " In Muslim communities that are overpopulated, but with limited resources, an absence of family planning results in a weak, dependent multitude enduring more hardships instead of a smaller, healthier and productive population. • " Contemporary contraceptive methods that temporarily avert pregnancy are analogous to Islamically sanctioned practice of coitus interruptus "azl" and are thus permissible. • " Sterilization or any type of contraceptives that would cause permanent infertility was impermissible unless there were exceptional reasons.() • " People should not be coerced to stop childbearing. They should be educated.

32. Summary of Views(ctd) • In eg. Egypt an official family planning manual, compiled by an assembly of religious scholars included the acceptability of various forms of modern contraceptives including the barrier, oral and injectables, and IUDs. • A forum that issued some particularly noteworthy declarations was the Aceh Declarations. (The International Congress of Muslims on Family Planning, Aceh, Indonesia in 1990) • As part of this program, they also recognized the importance of the empowerment of Muslim women, their informed participation in decision-making processes, and the need for improving maternal care and childcare facilities.

33. Desenting Voices • Many traditional Scholars, however, hold serious reservations against modern contraception. Among them, gender relations and women's rights are also key aspects of the argument. • For example, Maulana Maududi condemns gender desegregation. He argues that in this type of permissive society: “…the last obstacle that may keep a woman from surrendering to a man's advances is fear of illegitimate conception. Remove this obstacle too and provide women with weak character assurance that they can safely surrender to their male friends and you will see that the society will be plagued by the tide of moral licentiousness.”

34. However, in Islam the individual believer retains the right to make her own decisions on the basis of being a moral agent (khalifah). These decisions need to be informed and guided by the Primary Sources (Qur’an and Sunnah) and the Islamic principles of justice, human well being, mercy and compassion where freedom is always accompanied by moral and spiritual responsibilities.

35. Conclusions • Muslim communities owe a responsility to sustain the Islamic heritage of high quality intellectual, economic and socio-political population, who are true standard-bearers • Acceptable family planning in Islaam is not for fear of poverty, but for prevention of irresponsible liability • General rules of contraceptive use in Islaam are those of conscientious morality and preservation of nature • All major schools of Islamic jurisprudence sanction the use of modern contraceptives, based on the permissibility of ‘azl. • Gross bodily mutilation and/or permanent alteration of its structures, destruction of formed living foetus/baby and hate of the girl child are outside of this permissibility.

36. والِلَّهُأَعْلَمُ، وَبِهِ نَسْتَعِينُ

37. الْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ

38. Refrences • 1. Family Planning Association of Pakistan, The Invisible Threat (1990), p. 20. • 2. Aziz, Q., "Pakistan and the Demographic Challenge," The Pakistan Times, April 26, 1991. • 3. See No. 1 above. • 4. Hassan, I., "Population Planning," The News, Nov. 15, 1992. • 5. Wensinck, A.J., Hand Book of Early Muhammadan Tradition (Leiden: E.J. Brill, 1960), p. 112. • 6. Musallam, B.F., Sex and Society in Islam (Cambridge University Press, 1983) p. 176. • 7. Al-Ghazzali, Ihya' Ulum al-Din, Al Matba al-Azhariyya al-Misriyya (Cairo, 1302 A.H.). • 8. Ibid. • 9. Haq, A.J., 'An Interview with Grand Mufti of Egypt,' Populi II:2, 1984. • 10. Ibn Taymiyah, Al-Fatawa al-Kubra, 5 vols. (Cairo: Dar al-Kutb al-Haditha, 1966). • 11. Ibn Hazm, Al-Muhalla,, 11 vols. in 8, Cairo, 1352 A.H. • 12. Ibn Qayyim, Bada'i al-Fawa'id, 4 vols., (Beirut: Dar-Al-Kitab al Arabi, n.d.). • 13. Khan, A.H., 1987, Zabate Tauleed Key Baray Mein Islami Nazariyat (in Urdu), Population Welfare Division, Government of Pakistan, 1987. • 14. See No. 6 above, p. 57. • 15. Al-Qur'an, Eng. Trans. Yusuf Ali, Qatar ed., 23:12-14. • 16. Ibid., 22:5. • 17. See No. 6 above. • 18. Ibn-Abidin, Al-Hadiyyah al-'alaiyyah, 3rd edition (Damascus, 1965). • 19. Ibn Juzayyah, Kitab al-qawanin al-Fiqhiyyah, (Fez: Mataba al Nahda, 1953). • 20. Gupte, P., The Crowded Earth, People and Politics of Population (New York: W.W. Norton and Co., 1984), p. 349. • 21. Ibid. • 22. See no. 9 above.