Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to His Facebook Page
Answer to a Question
Regarding Permanent Infertility Operations
To: Haitham Alamour
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,
Our virtuous Sheikh, I have a medical question that is very urgent to answer. I am a doctor working in an obstetrics and gynecology hospital where cesarean sections are performed if the woman needs them—specifically if the life of the fetus or her life is threatened.
Some pregnant women suffer from diseases that make the pregnancy period extremely difficult for them, forcing them not to conceive or to space out pregnancies for at least 3 to 4 years. This requires them to use contraceptives. However, for some women, contraceptives do not work effectively for the required spacing, so they conceive at close intervals, which threatens their lives due to being exposed to many frequent cesarean sections. Some women have spinal disc issues, and some suffer from severe hemorrhaging. Consequently, doctors resort to permanently closing the Fallopian tubes so they cannot conceive after having children. It has become common among women to come to the hospital claiming an inability to conceive again or an inability to use contraceptives, requesting the permanent closure of their Fallopian tubes, even when they are not over 36 years old, and some are as young as 32. They persist with the specialist doctor to perform a C-section specifically to permanently close the Fallopian tubes.
The question: What is the Shari’ah ruling regarding the doctor who follows the woman's case through the stages of her pregnancy and sees that pregnancy is difficult for her and that she should undergo a permanent closure of the Fallopian tubes? And what is the ruling on the doctor who only follows the woman's words without verifying if her words lack accuracy?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Temporary contraception is permissible based on the well-known evidences of 'azl (withdrawal)...
As for permanent prevention of pregnancy and causing infertility, it is haram (prohibited). Using medications that permanently prevent pregnancy and cut off offspring, and performing surgical operations that permanently prevent pregnancy and cut off offspring is haram; it is not permissible to do so. This is because the ruling on castration (khisa’) applies to it. It falls under it and takes its ruling because these practices cut off offspring just as castration does, and there is an explicit prohibition against castration. On the authority of Sa'd bin Abi Waqqas, he said:
«رَدَّ رسولُ اللهِ صلى الله عليه وسلم على عُثمانَ بنِ مظعونَ التَّبَتُّلَ، ولو أذنَ له لاخْتَصَيْنا»
"The Messenger of Allah (saw) rejected the celibacy of Uthman bin Mazh'un; had he permitted him, we would have castrated ourselves." (Agreed upon).
Uthman bin Mazh'un had come to the Prophet (saw) and said: "O Messenger of Allah, I am a man for whom celibacy is difficult, so permit me to undergo castration." He said: "No, but you should fast." In another narration, he said: "O Messenger of Allah, do you permit me to undergo castration?" He said: "Allah has replaced it for us with the Hanifiyyah (monotheism) that is easy." On the authority of Anas, he said:
«كانَ النبيُّ صلى الله عليه وسلم يَأْمُرنا بالباءَةِ، ويَنْهى عنِ التَّبَتُّلِ نَهْيَاً شديداً، ويقولُ: تَزَوَّجوا الوَدودَ الوَلودَ فإني مُكاثِرٌ بِكُمُ الأُمَمَ يومَ القيامَةِ»
"The Prophet (saw) used to command us to marry (al-ba’ah) and strongly forbid celibacy (at-tabattul). He would say: 'Marry the loving and the fertile, for I will boast of your great numbers before the nations on the Day of Resurrection.'" (Reported by Ahmad).
Furthermore, the permanent cutting off of offspring contradicts the fact that the Legislator (ash-Shari') made procreation and childbearing the primary basis of marriage. For this reason, Allah (swt) said in the context of His favor upon people:
وَاللَّهُ جَعَلَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا وَجَعَلَ لَكُمْ مِنْ أَزْوَاجِكُمْ بَنِينَ وَحَفَدَةً
"And Allah has made for you from yourselves mates and has made for you from your mates sons and grandchildren." (QS. An-Nahl [16]: 72).
Therefore, permanent infertility operations are haram for both men and women.
However, if a woman becomes pregnant and skilled, trustworthy doctors decide that the continuation of the fetus in the mother's womb threatens the mother's life with death, and the death of the fetus along with her, then in this case, it is permissible to abort the fetus to save the mother's life. Saving a life is something Islam calls for...
As for a woman saying that she is sick and fears for her life from pregnancy, this statement is far from the truth. How many women have become pregnant while ill, continued their pregnancy, and gave birth to a child of perfect form and healthy body... and Allah blessed her with health and well-being. Nevertheless, as we said before, if she becomes pregnant and the continuation of the pregnancy threatens the mother's life with death and the death of the fetus with her, based on the assessment of skilled and trustworthy doctors, then abortion is permissible.
Accordingly, causing infertility is haram. Treating a woman during pregnancy is required, and preserving her life during pregnancy is also required, to the extent that if this pregnancy threatens her life with death along with the death of the fetus, based on the report of skilled and trustworthy doctors, then aborting the pregnancy is permissible. As for treating her to prevent pregnancy permanently based on the woman's request, this is haram.
Doctors must not take this matter lightly. They must exert their utmost effort in diagnosing the pregnancy and the disease... for it is a trust (amanah). The doctor must adhere to this and not sell his Hereafter for a fleeting gain of this world, no matter how much it reaches.
فَمَا مَتَاعُ الْحَيَاةِ الدُّنْيَا فِي الْآخِرَةِ إِلَّا قَلِيلٌ
"But little is the enjoyment of the life of this world as compared with the Hereafter." (QS. At-Tawbah [9]: 38).
In conclusion, I advise husbands and wives to increase their offspring and commit to raising them righteously, for the Messenger (saw) will boast of them on the Day of Resurrection. Al-Bayhaqi reported in As-Sunan al-Kubra on the authority of Abu Umamah (ra) that he said: The Messenger of Allah (saw) said:
«تَزَوَّجُوا فَإِنِّي مُكَاثِرٌ بِكُمُ الْأُمَمَ يومَ القيامَةِ...»
"Marry, for I will boast of your great numbers before the nations on the Day of Resurrection..."
Similar reports were narrated by Al-Hakim in Al-Mustadrak 'ala al-Sahihayn from Ma'qil bin Yasar (ra), and by Al-Bazzar in his Musnad from Anas (ra), and others.
And Allah (swt) takes care of the righteous men and women.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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