My wife is pregnant with her fifth child, and she is thirty years old. No method of contraception works with my wife, and we have tried many times, but she either has complications or gets pregnant, and now she is very exhausted because of several consecutive pregnancies, with no interruption in between. What is the ruling if we resort to permanent sterilisation, either by tying the tubes or a hysterectomy?
Praise
be to Allah
One of the objectives of sharia in marriage is to produce children and
perpetuate the human race. Therefore it is not permissible to do anything
that will permanently prevent having children, except in cases of necessity.
It is permissible to use means of preventing pregnancy for a limited period,
which is what is known as contraception, on condition that it be free of
harmful effects.
If you can consult a trustworthy doctor about contraceptive injections, and
how appropriate they may be in this case, and how effective they are, that
would be a good thing.
It says in a statement of the Islamic Fiqh Council on the topic of spacing
pregnancies:
… Secondly: it is prohibited to eliminate the ability to reproduce in both
men and women, which is known as sterilisation, unless there is a necessity
for doing so, which is to be determined according to the standards set out
in Islamic teachings. Thirdly: it is permissible to take temporary measures
to control reproduction with the aim of spacing pregnancies or preventing
pregnancy for a specific length of time,
if there is a genuine need to do so, according to whatever the couple
decide, on the basis of mutual consultation and agreement between
themselves, on condition that this does not result in any harm, and that the
method used is Islamically acceptable and will not cause any harm to an
existing pregnancy. End quote from Majallat al-Majma‘ (issue no. 4,
vol, 1, p. 73).
If qualified
doctors determined that giving birth will harm the woman, or exacerbate her
sickness, or there is the fear that pregnancy or birth will lead to the
woman’s death, then it is permissible to abort/prevent pregnancy, with the
husband’sconsent.
Shaykh Ibn
Baaz (may Allah have mercy on him) was asked about a woman who had given
birth to 10 children, and would be harmed by any further pregnancy, so she
wanted to have her tubes tied.
He replied:
There is nothing wrong with the operation mentioned, if the doctors have
determined that producing more children will harm her, so long as her
husband gives his permission for that.
End quote
from Fataawa al-Mar’ah al-Muslimah, 5/978.
He was also
asked: What is the ruling on hysterectomy for sterilisation purposes, that
is to prevent pregnancy for medical reasons now and in the future, because
??? medical and scientific ???
He replied:
If there is a necessity for that, then there is nothing wrong with it,
otherwise what one must do is refrain from that, because the Lawgiver
encourages having a lot of children so as to increase the numbers of the um
mah. But if there is the risk of harm, then there is nothing wrong with it,
just as it is permissible to use contraceptive methods temporarily for a
legitimate reason.
End quote
from Fataawa ash-Shaykh Ibn Baaz (9/434)
Shaykh Ibn
Jibreen (may Allah have mercy on him) said: It is not permissible to have
medical treatment to prevent or end pregnancy except in cases of necessity,
if doctors have determined that giving birth will cause irjaaq, or will
exacerbate sickness, or there is the fear that pregnancy and giving birth
will lead to the woman’s death.
However in
that case it is essential to have the husband’s consent and agreement to
preventing or ending pregnancy, then when that reason is no longer
applicable, the woman should go back to her previous state.
End quote
from Fataawa al-Mar’ah al-Muslimah (2/977)
based on
that, if trustworthy doctors have stated that pregnancy would result in
considerable harm to your wife, it is permissible to take measures to
prevent pregnancy.
And Allah
knows best.
