This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Family Planning
The primary purpose of marriage for the survival of humankind is the continuation of the lineage. Therefore, Islam has highly encouraged procreation. In Islam's view, whether boys or girls, all are a source of goodness and blessings. However, Islam has also permitted the adoption of family planning methods based on reasonable causes and significant needs. During the Prophetic era, the method of coitus interruptus (withdrawal, i.e., ejaculating outside the womb) was practiced to prevent or reduce childbirth. The Companions (may Allah be pleased with them) also used this method during the time of the Prophet. It is narrated from Hazrat Jabir (may Allah be pleased with him) in Sahihain:
كنا نعزل على عهد رسول الله والقرآن ينزل
"We used to practice coitus interruptus during the time of the Messenger of Allah (peace be upon him) while the Qur'an was being revealed."
Reference: Bukhari, Book of Marriage, Chapter on Coitus Interruptus, Hadith: 5209; Muslim, Book of Marriage, Chapter on the ruling of coitus interruptus, Hadith: 1440
And in Sahih Muslim it is stated:
كنا نعزل على عهد رسول الله فبلغ ذلك رسول الله فلم ينهنا
"We used to practice coitus interruptus during the time of the Messenger of Allah (peace be upon him). When the Prophet (peace be upon him) was informed about it, he did not forbid us."
Reference: Muslim, same reference, Hadith: 138/1440
In another hadith:
فجاء رجل إلى النبى فقال يا رسول الله! إن لي جارية وأنا أعزل عنها وإني أكره أن تحمل وأنا أريد ما يريد الرجال وإن اليهود تحدث أن العزل الموؤدة الصغرى فقال لا كذبت اليهود لو أراد الله أن يخلقه ما استطعت أن تصرفه
A man came to the Messenger of Allah (peace be upon him) and said: O Messenger of Allah! I have a slave girl with whom I practice coitus interruptus. I have the same desire for her as men have for women, but I do not like that she becomes pregnant. The Jews consider coitus interruptus as 'Mu'uda Sughra' (a form of infanticide). The Prophet (peace be upon him) said: "The Jews are mistaken. If Allah intends to create a child, you cannot prevent it."
Reference: Abu Dawood, Book of Marriage, Chapter on coitus interruptus, Hadith: 2171
The meaning of the Prophet's statement is that despite practicing coitus interruptus, it sometimes happens that a drop of semen reaches the womb, and unknowingly pregnancy occurs. Once, in the gathering of Sayyiduna Umar (may Allah be pleased with him), the topic of coitus interruptus came up, and a man said that people consider it as 'Mu'uda Sughra'. Upon hearing this, Sayyiduna Ali (may Allah be pleased with him) said: "The term 'Mu'uda' (burying alive, in other words, infanticide) can only apply when the fetus passes through seven stages. The semen becomes a nutfah (drop), then a clot of blood, then a lump of flesh, then bones, then flesh and skin, and after passing through all these stages, it takes the form of a human being." Sayyiduna Umar (may Allah be pleased with him) said: "You have spoken correctly. May Allah grant you a long life."
Reference: Narrated by Abdul Razzaq in Al-Musannaf 141/7, Hadith: 12553, 12571; similarly from Ibn Abbas (may Allah be pleased with them), and Allah knows best
اسے احاديث ميں مخفي طور پر زنده درگور كرنے كا جو كها گيا هے اس سے يه معلوم هوتا هے كه عزل بهي كراهت كے ساته جائز هے اور موجوده دور كے مصنوعي طريقوں كا انطباق اس پر نهيں هوتا. عزل ميں مني كے اندر رهنے كے چانس هوتے هيں جبكه مصنوعي طريقے ميں نهيں اور مصنوعي طريقوں كے معاشرے ميں پهيلنے كي وجه سے زنا كاري اور بدكاري عام هو چكي هے اس ليے ان سے اجتناب لازم هے. (ابو الحسن مبشر احمد رباني)
Cases Justifying Family Planning
The justification for family planning is based on a few necessities. One necessity is when the life or health of the mother is at risk due to illness or childbirth, which is known from experience or confirmed by a reliable doctor. Allah Almighty says:
وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ
"Do not kill yourselves [or one another]."
Reference: (Surah Al-Baqarah: 195)
وَلَا تَقْتُلُوا أَنْفُسَكُمْ إِنَّ اللهَ كَانَ بِكُمْ رَحِيمًا
"Do not kill yourselves. Indeed, Allah is to you ever Merciful."
Reference: (Surah An-Nisa: 29)
The second necessity is the fear of falling into worldly hardship, which results in religious hardship, and a person begins to accept forbidden things and commit unlawful acts for the sake of children. Allah Almighty has said:
يُرِيدُ اللهُ بِكُمُ الْيُسْرَ وَلا يُرِيدُ بِكُمُ الْعُسْرَ
"Allah intends for you ease and does not intend for you hardship."
Reference: (Surah Al-Baqarah: 185)
مَا يُرِيدُ اللهُ لِيَجْعَلَ عَلَيْكُمْ مِنْ حَرَجٍ
"Allah does not want to put you in difficulty."
Reference: (Surah Al-Ma'idah: 6)
The third necessity is the possibility of the children’s health deteriorating or their proper upbringing not being possible. It is narrated in Sahih Muslim:
عن أسامة بن زيد أن رجلا جاء إلى رسول الله صلى الله عليه وسلم فقال يا رسول الله إني أعزل عن امرأتي فقال له رسول الله صلى الله عليه وسلم لم تفعل ذلك فقال الرجل أشفق على ولدها أو قال على أولادها فقال رسول الله لو كان ضارا لضر فارس والروم
It is narrated from Usama bin Zaid (may Allah be pleased with him) that a man came to the Messenger of Allah (peace be upon him) and said: O Messenger of Allah! I practice coitus interruptus with my wife. The Prophet (peace be upon him) asked: Why do you do that? He said: For fear of harm to the child or children. The Prophet (peace be upon him) said: "If it were harmful, it would have harmed the people of Persia and Rome."
Reference: Muslim, Book of Marriage, Chapter on the Permissibility of Coitus Interruptus, Hadith: 1443
Thus, according to the Prophet (peace be upon him), this practice was not harmful to the community as a whole, and the evidence for it not being harmful was that the Persians and Romans, who were powerful empires at the time, were not harmed by it.
Among the valid necessities in Islamic law is the necessity that there is a fear of harm to a breastfeeding child due to a new pregnancy, because in such a case it is possible that the mother’s milk becomes spoiled and the child becomes weak. The Prophet (peace be upon him) instructed the Ummah to adopt what is beneficial for them and forbade what is harmful. Accordingly, the Prophet (peace be upon him) said:
لا تقتلوا أولادكم سرا فإن الغيل يدرك الفارس فيدعثه عن فرسه
"Do not secretly kill your children, for intercourse with the wife in the presence of a breastfeeding child harms the child; the child stumbles like a horseman."
Reference: Abu Dawood, Book of Medicine, Chapter on Coitus Interruptus, Hadith: 3881, and its chain is weak
However, the Prophet (peace be upon him) did not forbid it as a matter of prohibition, because other nations had adopted this method in his time and it did not harm them. Also, if intercourse was absolutely forbidden during breastfeeding, it would have caused hardship for husbands, while breastfeeding continues for two years. Considering all these factors, the Prophet (peace be upon him) said:
لقد هممت أن أنهى عن الغيلة ثم رأيت فارس والروم يفعلونه ولا يضر أولادهم شيئا
"I wanted to forbid intercourse with mothers of breastfeeding children, but I learned that the people of Persia and Rome do this and their children are not harmed by it."
Reference: Muslim, Book of Marriage, Chapter on the Permissibility of Coitus Interruptus, Hadith: 1442
Imam Ibn Qayyim (may Allah have mercy on him) explained the reconciliation of these two hadiths as follows: The Prophet (peace be upon him) was aware of two aspects. One was that intercourse with the mother in the presence of a breastfeeding child would be harmful to the child, although this harm is not equivalent to killing or destroying the child. However, due to the fear of harm, the Prophet (peace be upon him) forbade it, but this forbiddance was not at the level of prohibition. Then he wanted to prevent it as a means of blocking the cause, but the other aspect was that blocking this cause would not counter the greater harm that could arise from forbidding intercourse during the breastfeeding period. Especially, there was a strong fear that young men would fall into the harm of lust and psychological distress. Therefore, the Prophet’s opinion was that this consideration of preventing the greater harm outweighed the lesser harm. Also, the practice of the two great nations of that time, who did not avoid it, was taken into account. In light of these matters, the Prophet (peace be upon him) did not forbid it.
Reference: Miftah Dar as-Sa'adah, Vol. 2, p. 62; Vol. 4, p. 66
In our time, new methods of contraception have been invented which can be used to preserve the benefit that the Messenger of Allah (peace be upon him) had in mind, that is, to protect the breastfeeding child from harm and also to avoid the harm that could arise from forbidding intercourse during the breastfeeding period.
واضح رهے كه مؤلف كي يه بحث فيملي پلاننگ سے متعلق هے نه كه نس بندي سے متعلق اس ليے اس كو نس بندي كے جواز پر محمول كرنا صحيح نه هوگا. نس بندي در حقيقت خلق الله ميں تبديلي هے اس ليے اس كا گناه اور نا جائز هونا بالكل واضح هے الا يه كه آدمي كے ليے جبر و اضطرار كي صورت پيدا هو جائے.(مترجم)
In light of this, we can also say that the ideal interval between two births in the view of Islam is for the person who wishes to complete breastfeeding, thirty (30) or thirty-three (33) months.
According to Imam Ahmad (may Allah have mercy on him), coitus interruptus is permissible provided it is done with the wife’s permission, because she has rights both in offspring and in pleasure. It is narrated from Sayyiduna Umar (may Allah be pleased with him) that the Prophet (peace be upon him) forbade coitus interruptus without the wife’s permission.
Reference: Bayhaqi in Sunan al-Kubra: 231/2, and its chain is weak
This highlights the distinguished perspective of Islam regarding women’s rights, which it adopted at a time when people were completely unaware of women’s rights.
Abortion
Islam permits the use of contraceptive methods only when there is a necessity for it. However, once pregnancy has been established, causing harm to it is not permissible under any circumstances. Scholars agree that after the soul has been breathed into the fetus (the child in the mother's womb), abortion is forbidden and considered a crime; it is not permissible for a Muslim. This is because it is a clear injustice to the fetus, which is a living being and perfect in its structure. Therefore, scholars say that if an abortion is performed and the fetus is born alive but then dies, blood money (diyat) is obligatory. If the fetus is born dead, a fine must be paid, which is less than the blood money. However, they state that if it is reliably estimated that saving the fetus will inevitably result in the death of the mother and there is no other way to save her life except abortion, then in such a case abortion becomes necessary.
عام طور پر ايسا نهيں هوتا اگر كبهي كبهار شاذ و نادر كوئي اكا دكا واقعه ايسا رونما هوتا هے كه جس ميں يه طرز عمل اپنانا پڑتا هے. بعض لوگ مصنوعي اضطراري صورت پيدا كر كے اپني صحت اور حسن كے تحفظ كے ليے اسقاط كروا چهوڑتے هيں، جبكه ايسا صرف اس وقت درست هے جب واقعي ماں كي جان جا رهي هو. والله اعلم (محمد طاهر نقاش)
The general rule of Shariah is that between two harmful things, the lesser harm should be chosen. According to this rule, the life of the mother cannot be put at risk to save the child, because the mother's life is the original and her right takes precedence. Therefore, her life can never be sacrificed for the fetus.
Reference: Fatwas of Sheikh Shaltut: 464
Imam Ghazali (may Allah have mercy on him) states:
A distinction should be made between contraception and abortion; contraception is not equivalent to killing offspring because the term killing offspring applies when the child has come into existence. The coming into existence of the child has several stages. The first stage is when the sperm is established in the womb and it gains the capacity to accept life. In such a case, destroying it is sinful. Then, when it becomes a clot of blood, destroying it is a greater sin. When the soul has been breathed into it and it has become a perfectly formed human, destroying it increases the sin further. The greatest sin is killing the child after birth.
Reference: Ihya Ulum al-Din, Book of Marriage 2-53
