abdulhakeem
06-04-08, 08:05 PM
5 Apr 2008
NEW DELHI: The law prohibiting a person having more than two children from contesting panchayat elections was challenged in the Supreme Court on Friday by Samajwadi Party MP Abu Asim Azmi on the ground that it violated the Islamic dictat that no Muslim would restrict birth of children.
Azmi, recently in the thick of a controversy for picking up cudgels against Raj Thackeray's anti-north Indian tirade, challenged a Bombay High Court order which had dismissed his petition by following a 2003 SC judgment upholding the norm for Haryana panchayat elections.
Undeterred by the apex court judgment, Azmi said under Articles 25 and 26 of the Constitution, Muslims had the fundamental right to profess and practice Islam according to the dictats of Quran.
"Profess and practice of religion includes following the essential and integral dictats of the Holy Book Quran, which is the only soul of Islam and Islamic law,"Azmi said through counsel Goodwill Indeevar.
"Not to kill any unborn child or restrict its birth either before or post conceiving is the essential and integral part of Islam,"he said and termed the Maharashtra local bodies norm framed in the year 2000 as violative of the fundamental rights of Muslims.
The Supreme Court had upheld an identical norm enacted by the Haryana legislature and rejected the argument that identical disqualification norms had not been put in force for the assembly and Parliament. It had said that every state legislature was given the freedom to enact suitable laws for panchayats.
Having failed to impress the HC with the argument that the disqualification norm applied only to the local bodies, Azmi thought of drafting in the religious angle into the petition.
The hearing on the petition was adjourned by a Bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam as the petitioner had circulated a letter seeking deferment of hearing.
dhananjay.mahapatra@timesgroup.com
http://timesofindia.indiatimes.com/India/Family_planning_is_un-Islamic/articleshow/2927089.cms
indeed it is as the prophet salAllahu alleyhi wa salam said to the sahabba who wanted to practice azl , the withdrawal method "why would any of you do that! dont you know Allah creates whom he wills " we cant stop the decree of Allah. and if proof of that is needed then how many women have become pregnant despite contraception against alll the odds subhanAllah, people are so foolish.
abdulhakeem
06-04-08, 08:24 PM
Family planning (http://www.islam-qa.com/index.php?ref=32479&ln=eng)
Is it permissible to use birth control because one is afraid to have children due to the corruption of society? (http://www.islam-qa.com/index.php?ref=7205&ln=eng)
Family Planing causing health difficulties (http://www.islam-qa.com/index.php?ref=566&ln=eng)
‘Azl (coitus interruptus) and using birth control pills
Question:
according to Jabir radiyaahu canhu said: "we use to do cazli while Quran is revealing and Prophet did not prohibit? my question is as follows
1- Is it allowed to use a condom/pill?
2- if so what is the conditions?
3- what type of niyyah do we need to have at performing either or both"Condom/Pills/cazli?
4- Why the Companion doing this?
Answer:
Praise be to Allaah.
Firstly, what the Muslims should do is to try to have as many children as they can, because this is the command of the Prophet (peace and blessings of Allaah be upon him), who said: “Marry the one who is loving and fertile, for I will be proud of your great numbers before the nations.”
(Narrated by Abu Dawood, 2050; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 1805).
Having more children increases the numbers of the ummah, and increasing the numbers of the ummah is a source of its glory, as Allaah says, reminding the Children of Israel of His blessings:
“and made you more numerous in man-power”
[al-Isra’ 15:6 – interpretation of the meaning]
And Shu’ayb said to his people:
“And remember when you were but few, and He multiplied you”
[al-A’raaf 7:86 – interpretation of the meaning]
No one can deny that having a large number is a source of pride and strength for the ummah, contrary to what those pessimists think who say that large numbers causes poverty and starvation in a nation.
If the ummah increases in number, puts its trust in Allaah and believes His promises as mentioned in the aayah,
“And no moving (living) creature is there on earth but its provision is due from Allaah”
[Hood 11:6 – interpretation of the meaning],
then Allaah will make things easy for them and will grant them independence of means from His bounty. Based on that, the answer to your question is as follows:
Birth control pills:
A woman should not use birth control pills, unless the following conditions are met:
1- She should need to use them, for example if she is ill and cannot cope with a pregnancy every year, or she is physically unfit, or there is some other reason that getting pregnant every year may harm her.
2- Her husband should give his permission, because the husband has the right to have children. There must also be consultation with the doctor, to find out whether these pills are harmful or not.
If these two conditions are met, there is nothing wrong with taking these pills, but that should not be on a permanent basis, because that means preventing having children.
With regard to ‘azl (coitus interruptus), or withdrawing during intercourse, the correct scholarly view is that there is nothing wrong with it, because of the hadeeth of Jaabir (may Allaah be pleased with him): “We used to practise ‘azl at the time when the Qur’aan was being revealed” – i.e., at the time of the Prophet (peace and blessings of Allaah be upon him). If that action had been haraam, the Prophet (peace and blessings of Allaah be upon him) would have forbidden it.
But the scholars say that one should not engage in ‘azl with a free woman except with her permission, because she has the right to have children. Moreover, withdrawing without her permission diminishes her pleasure, because the woman’s pleasure can only be completed after ejaculation. So not asking her permission causes her to lose out on pleasure and on the possibility of having children. Hence we state the condition that this may only be done with her permission.
From Fataawa al-Shaykh Muhammad ibn ‘Uthaymeen.
From Fataawa Islamiyyah, vol. 3, p. 190.
Thirdly: the reason why the Sahaabah engaged in ‘azl was because they did not want the woman – especially a slave woman – to get pregnant, so that they could continue to enjoy a physical relationship with them and the woman would still be able to do their work. Abu Dawood narrated that a man said, “O Messenger of Allaah, I have a slave woman and I engage in ‘azl with her, because I do not want her to get pregnant, but I want what men want. But the Jews say that ‘azl is a lesser form of infanticide.” He said, “The Jews are lying. If Allaah wants to create (a child) you cannot prevent that.” (Narrated by Abu Dawood, Kitaab al-Nikaah, 1856; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 1903).
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
***
Using the birth control pill and the coil
Question:
What is the shar’i ruling on using the coil (IUD – intrauterine device) as a means of preventing pregnancy, knowing that this means does not prevent fertilization of the egg, but it prevents the embryo from attaching itself to the wall of the uterus? May Allaah reward you with good.
Answer:
Praise be to Allaah.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
What the Muslims should do is to have as many children as they can, because this is the command issued by the Prophet (peace and blessings of Allaah be upon him) when he said, “Marry the one who is loving and fertile, for I will be proud of your great numbers.” Because increasing the number of children increases the size of the ummah, and being of great numbers is a source of pride, as Allaah said, reminding the Children of Israel of that (interpretation of the meaning):
“And We helped you with wealth and children and made you more numerous in man-power” [al-Israa’ 17:6]
And Shu’ayb said to his people:
“ ‘And remember when you were but few, and He multiplied you’”
[al-A’raaf 7:86 – interpretation of the meaning]
No one would deny that if the ummah is great in number this will lend it pride and strength. This is contrary to what is imagined by those who think evil thoughts, that the large numbers of the ummah is the cause of its poverty and hunger. If the ummah increases in number and relies on Allaah, and believes in His promise, in the aayah “And no moving (living) creature is there on earth but its provision is due from Allaah” [Hood 11:6 – interpretation of the meaning], then Allaah will make things easy for them and will grant them sufficient means from His Bounty.
On this basis, the answer to the question is as follows:
A woman should not use birth control pills unless the following two conditions are met:
(1) She should have a reason for that such as being sick and unable to bear a pregnancy every year, or being physically weak, or having other reasons why getting pregnant every year would be harmful for her.
(2) Her husband should give his permission, because the husband has the right to have children. This must also be done in consultation with a doctor, to find out whether taking these pills will be harmful to her or not.
If these two conditions are met, then it is OK for her to use these pills, but that should not be on a permanent basis, i.e., she should not use the type of birth control pills that prevent pregnancy permanently, because this is preventing progeny.
(Fataawa al-Mar’ah al-Muslimah, 2/657, 658)
Concerning the harms caused by contraception, the Shaykh (may Allaah have mercy on him) said:
Birth control pills: I have heard from a number of sources that doctors say they are harmful. Even if we do not know this from the doctors, we know it from ourselves, because preventing something natural that Allaah has created and decreed for the daughters of Adam is undoubtedly harmful. Allaah is Wise, and He has only created this blood which flows at certain times for a reason. If we prevent it with these medicines, that is harmful without a doubt.
But I have heard that the matter is worse than we imagine, that they may be a means of damaging the womb, and a means of causing nervous disorders. This is something we must beware of.
(Liqaa’ al-Baab al-Maftooh, question no. 1147)
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked:
What is the ruling on removing the uterus in order to avoid having children for medical reasons which are either present, or may occur in the future and have been predicted by medical and scientific means?
He answered: if that is necessary, then it is OK, otherwise it should not be done, because the Lawgiver urges us to have children and promotes that in order to increase the size of the ummah. But if there is a necessary reason then it is OK, just as it is permissible to use means of contraception for a limited time for a legitimate shar’i reason. (9/434)
What is said concerning the birth control pill may also be said concerning the coil. It has been definitely proven by the doctors that this contraceptive method causes harm, especially when it is used continually. It is known that the woman who has a coil inserted has an increased flow of menstrual blood, and her period may come twice a month, which causes an iron deficiency in her body.
Iron is one of the important minerals which the body needs. Some women may become anaemic when they use the coil and it makes their periods longer, resulting in the woman losing a large amount of blood and thus a large amount of the iron stored in the body. It has also been proven that many women suffer infections of the uterus as a result of using the coil. Despite all this, a woman may become pregnant with the coil in place, as has happened to a number of women. We ask Allaah to keep us safe and sound.
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
Muslims concerned about this issue should consult a scholar because the information below is incomplete:
"1- She should need to use them, for example if she is ill and cannot cope with a pregnancy every year, or she is physically unfit, or there is some other reason that getting pregnant every year may harm her."
There are a great many medications given for a great many different reasons that can cause serious harm to an unborn child, or cause severe problems in its development within the womb.
Women quite commonly use birth control while taking such medication, and it's often quite common for them to continue using birth control after they finish their course of medication so that any drug residue will have time to leave their body.
.: Anna :.
07-04-08, 10:07 AM
We have got so many threads already about contraception and is it halal, haram, makrooh etc... it might not be necessary to go over the whole thing again, because thru search you could probly find about ten topics so many fatwas and everything will b there insha allah...
but this specific thing, so they did introduce a law to limit number of children, or were considering it or what? thats totally unacceptable, and it is an oppression to the people so alhamdulillah its good that ppl hav challenged this.
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