Archive for November, 2008

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Q: Is Tubal Ligation Allowed in Islam?

Assalamulaikum respected scholars, My husband has requested me to get my \”tubes tied\” otherwise known as female sterilzation to prevent any more children. We have two children and I am pregnant with my third, Alhamdulillah. He does not want any more children. It is my understanding that this procedure (tying the tubes) is against Islam. I suggested that I get a IUD (Interuterine device)which is pretty effective. This device is inserted and can stay for up to 5-10 years. But he is adamant that I get the sugery done at the birth of our third child. Tying the tubes effectively eliminates your ability to have children…However, you can have a reversal procedure to untie the tubes. There is not a large chance that the reversal procedure will enable you to have children though. Please advise me if tying the tubes is okay in Islam. Also, he wants proof from the Quran or Hadith as to the answer. May Allah swt reward you for your expedious answer.

Alhamdulillah,
Islam encourages procreation. The Messenger of Allah ๏ฒ said:
” ุชูŽุฒูŽูˆู‘ูŽุฌููˆุง ุงู„ู’ูˆูŽู„ููˆุฏูŽ ุงู„ู’ูˆูŽุฏููˆุฏูŽ ุŒ ููŽุฅูู†ู‘ููŠ ู…ููƒูŽุงุซูุฑูŒ ุจููƒูู…ู’.”
“Marry the one who is fertile and loving, for I will be proud of your numbers.” Authentically narrated by Abu Dawood.
Birth control is permitted, when it is temporary and for a valid reason. Tube ligation is prohibited since it may result in sterilization, which is forbidden in Islam, and constitute undeniable harm for the woman undertaking the procedure. The only exception would be the case of necessity in which the mother’s life would be in real danger upon conceiving.
Here is the resolution of the Islamic Fiqh Assembly of the Organization of the Islamic Conference (OIC) 39 (5/1) Kuwait-Jumâda Al-Akhir 1st – 6th, 1409 A.H. / December 10th – 15th, 1988 C.E.:
“During the course of its fifth session the council of the Islamic Fiqh Academy reviewed the research papers submitted by the members and experts and listened to discussions concerning the subject of birth control. Since the purposes of marriage, according to the Islamic Sharî'ah, include procreation and the preservation of human kind, and since it is not permissible to invalidate these purposes, as so doing would contradict the provisions of the Sharî'ah which encourage procreation and call for nurturing and protecting progeny as one of the five major purposes the religious laws have been stipulated to safeguard, the council decided the following:
First: It is prohibited to issue a general law that limits the freedom of married couples to have children.
Second: It is prohibited, according to the Islamic Sharî'ah, to deprive men and women from the capacity of being able to have children, known as sterilization, unless it is unavoidable according to the Sharî'ah criteria.
Third: It is permissible to use birth control temporarily with a view of leaving an interval between pregnancies or preventing pregnancy for a certain period of time, when it is necessary according to the Islamic Sharî'ah. This should be done by the husband and wife upon mutual agreement, provided that no harm would afflict either of them or an existing pregnancy, and that the means to do so (or the contraceptive) are permissible.
With Allah Alone rests our success.”
The Islamic Fiqh Assembly of India in the First Juristic Seminar, Hamdard University, Hamdard Nagar, Delhi, India–April 1st – 3rd, 1989 C.E. issued a similar statement and added:
4. It is permissible to use birth control temporarily with the intention of leaving intervals between periods of pregnancy, if it is feared that the baby, nursing, or childrearing would be negatively affected if the mother became pregnant again soon.
5. It is impermissible for men and women to be sterilized, except in the following situation: if competent trustworthy doctors declare that the woman would very likely die or lose an organ due to a new pregnancy. Only then may such a woman have a surgical sterilization. And Allah Almighty knows best”
Besides, the husband does not have control over the body of his wife, and may not command her to undergo surgery without her approval and despite her resistance.
Allah knows best.

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Q: The female physician examining the male patient

Assalamu\'alaykum. Muslim female doctors in training usually get adult males for a Well-Adult physical check-up (annual preventive medicine care). Ideally he should be examined for hernias, and told/shown about self-checking for testicular cancers, prostate etc. How muslim female doctors (esp when are in the period of training to become a specialist) could go about it? a) Can they refuse the physical examination citing religious reasons? do we have any reference to that in Islamic ethics? b) If a muslim female doctor wants to request for a chaperone, should it be a male (a/c to Western medical ethics, I believe the chaperone has to be of the same gender as that of the patient, but I dont think it will be Islamically correct) or a female? Also in this US era of audit and suing,it could lead doctors into trouble some time if you dont do or ask for such physical examinations? Is there any document on islamic medical ethics? Lastly, does the wudu of doctor break when he or she perform a vaginal exam on a woman? Jazakum Allahu khayran Wassalam

All praise be to Allah and may His peace and blessings be on His final and greatest messenger, Muhammad.
Dear enquirer,
In general, the burden is on the patient to seek a same sex physician. It is allowable for the doctor to examine members of the opposite sex. However, for such sensitive exams, the Muslim physician should only perform them when warranted, and they must avoid them as long as that avoidance will not harm the patient or the physician.
In a Muslim country, every effort should be made to have same sex physicians and nurses. For the Muslims in the west or those who do not have the above alternative, the woman physician may avoid to her best ability such sensitive exams, and once she can specialize in a field that will spare her exposure to such predicaments, she should do that.
As for the wudu’, it will not break since the physician will be wearing gloves.
Allah knows best.

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