Praise be to Allah. Peace and blessings be upon the Messenger of Allah, his family, and Companions.
A local newspaper recently published a statement that His Eminence, General Mufty of Jordan issued a Fatwa (legal opinion issued by a qualified Muslim scholar) permitting birth control and that since the government makes decision to this effect, it will be binding. This news circulated among people and became a topic of talk to the astonishment and denunciation of Muslims. Therefore, many wonder about the ruling on this issue and whether such Fatwa is right or wrong, so I felt I am obliged to point out the evidence of the Shar` (Law) of Allah (Glorified and Exalted be He) in this issue. May Allah guide me and you to reach AlHaqq (the Truth)!
I have looked into the aforementioned Fatwa and pondered on the evidences that His Eminence, General Mufty of Jordan, relied on to issue this Fatwa that deems birth control permissible and states that since the government approved of birth control, it should be put into effect. I found him based his Fatwa on the Saying of Allah (Glorified and Exalted be He): And let those who find not the financial means for marriage keep themselves chaste, until Allâh enriches them of His Bounty. and on the saying of the Prophet (peace be upon him): 'O young people! Whoever among you is able to marry, should marry, for marriage would help him lower his gaze and keep his virtue and whoever is not able to marry, is recommended to observe Sawm (Fast), for Sawm would diminish his sexual desire and the Hadiths that support the permissibility of coitus interruptus. These are the evidences cited by the Mufty in support of this serious Fatwa.
There is something else which he used to pave the way for the Fatwa; he said literally at the beginning of the Fatwa: "The world is increasingly
concerned with overpopulation everywhere. Experts consider this as a warning of woe, destruction and great troubles." Then he said at the end of the Fatwa, "If the government makes a decision to this effect, then it will be binding, for it is agreed upon that if the ruler adopted a Da`if (weak) opinion, it becomes imperative."
Whoever has insight and knowledge and ponders on the evidence the Mufty relied upon would realize that he made a mistake and that the evidence he presented bears no support to the Fatwa. As a poet puts it:
She went eastward and I went westward there is a great difference between east and west
The Noble Ayah (Qur'anic verse), the Mufty quoted, is said by Allah (Glorified and Exalted be He) after His Saying: And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Sâlihûn (pious, fit and capable ones) of your (male) slaves and maidservants (female slaves). If they be poor, Allâh will enrich them out of His Bounty. And Allâh is AllSufficient for His creatures' needs, AllKnowing (about the state of the people). Then He (Exalted be He) says: And let those who find not the financial means for marriage keep themselves chaste, until Allâh enriches them of His Bounty.
Thus, Allah (Exalted be He) orders and urges people to marry; He promises the one who is going to marry to enrich him if he is poor, to encourage him to take this step, having confidence in Allah and depending on His Bounties and Favors and Knowledge of the affairs of His People. Therefore, Allah (Glorified and Exalted be He) says: And Allâh is AllSufficient for His creatures' needs, AllKnowing (about the state of the people). Then, He orders he who cannot afford to marry should keep himself chaste until Allah (Exalted be He) enriches him of His Bounty. Where is the supporting evidence in this Ayah for birth control? The Mufty claims that Allah's Command for he who cannot afford marriage to keep himself chaste, indicates the permissibility of birth control, since delaying marriage due to lack of means leads to delaying progeny or even preventing it if one died before
getting married. This is a strange argument and odd evidence that has nothing at all to do with the Ayah. Allah is the One Whose Help is sought.
A lHafiz Ibn Kathir (may Allah be merciful with him) when interpreting this Ayah said: "This is an order to marry and some scholars hold the view that this is obligatory on the able and cite the apparent saying of the Prophet (peace be upon him): 'O young people! Whoever among you is able to marry, should marry, for marriage would help him lower his gaze and keep his virtue and whoever is not able to marry, is recommended to observe Sawm, for Sawm would
diminish his sexual desire. (Reported in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of Ibn Mas`ud)
It is reported in Sunan (Hadith compilations classified by jurisprudential themes) that the Messenger of Allah (peace be upon him) said: Marry very prolific women and give birth for children, for I will boast of your large numbers in front of other Ummahs (nations based on one creed) on the Day of Judgment.
If they be poor, Allâh will enrich them out of His Bounty.
`Aly ibn Abu Talha reported from Ibn `Abbas (may Allah be pleased with them) that Allah urged them to marry and ordered the free and slaves to do so and promised to enrich them by saying, If they be poor, Allâh will enrich them out of His Bounty.
There are three who are entitled to Allah's Help: the one who gets married, seeking chastity, the slave who made a contract of manumission with his master to buy his freedom, and the Mujahid (one striving/fighting in the Cause of Allah).
(Related by Al-Imam Ahmad, Al-Tirmidhy, Al-Nasa'y and Ibn Majah)
With regard to what people circulate as a Hadith "Marry the poor and Allah will enrich you," this is not a Hadith; it is baseless and it was not narrated either by a strong nor Da`if (weak) Sanad (chain of narrators).
And let those who find not the financial means for marriage keep themselves chaste, until Allâh enriches them of His Bounty.
Therefore, what we mentioned before and quoted from Al-Hafizh ibn Kathir (may Allah be merciful with him) in the Tafsir (explanation/exegesis of the meanings of the Qur'an) of the aforementioned Ayahs, their meanings become quite clear to readers, and they do indicate the permissibility of marriage and encourage it.
Taking this evidence as a pretext to make birth control permissible is strange and utterly wrong.
indicates the permissibility of delaying marriage till one is able to afford its costs and the permissibility of adopting the means of keeping one's virtue in order not to fall in any prohibited act.
With regard to arguing in favor of birth control on the ground of the Hadiths permitting coitus interruptus, this is utterly wrong and contradictory to the purposes of the Shari`ah.
There is no soul created but Allah created it
Not from semen as a whole (but from a small part of it i.e., the sperm) conception happens.
And Allâh has made for you Azwâj (mates or wives) of your own kind, and has made for you, from your wives, sons and grandsons, and has bestowed on you good provision.
Wealth and children are the adornment of the life of this world.
Whoever ponders on the situation will realize that permitting birth control goes against the interests of the Muslim Ummah (nation based on one creed), since procreation is one of the means of the power, honor, sovereignty of the Ummah; and on the contrary, birth control leads to the shortage, weakness, and annihilation of the Ummah.
(Glorified be He), the Creator and Sustainer of all creations. In the EverGlorious Qur'an, He (Glorified and Exalted be He) says:
And I (Allâh) created not the jinn and mankind except that they should worship Me (Alone).
I seek not any provision from them (i.e. provision for themselves or for My creatures) nor do I ask that they should feed Me (i.e. feed themselves or My creatures).
Verily, Allâh is the AllProvider, Owner of Power, the Most Strong.
And no moving (living) creature is there on earth but its provision is due from Allâh.
And so many a moving (living) creature carries not its own provision! Allâh provides for it and for you. And He is the AllHearer, the AllKnower.
so seek your provision from Allâh (Alone), and worship Him (Alone), and be grateful to Him. To Him (Alone) you will be brought back.
It is authentically reported from the Prophet (peace be upon him) in many Sahih Hadiths that when Allah creates the fetus, He orders the angel to write down his livelihood, age, and deeds.
Every creature has his subsistence ordained for him according to the means which Allah (Exalted be He) makes available. How could a reasonable person consider birth control commendable or permissible out of fear of poverty, while Allah (Glorified be He) is the Sustainer and Able of everything. If the population
have grown everywhere, the means of production and subsistence have also developed everywhere. They have become easier and more diverse than before. This is one of the signs of Allah's Wisdom, Perfect Omnipotence and Great Care of the interests of His Servants. How could it be accepted from a Muslim to misunderstand Allah (Exalted be He) and permit birth control to the Ummah and even make this binding if the state approved of it, for fear of poverty and lack of supplies. Where is belief in Allah, confidence in His Saying, and Tawakkul (putting one's trust in Allah)? Moreover, this incorrect thinking bears resemblance to the Kafirs (disbelievers/nonMuslims) who used to kill their children for fear of poverty. Allah (Exalted be He) renounced this act and blamed them for this in His Saying:
kill not your children because of poverty We provide sustenance for you and for them
In Surah (Qur'anic chapter) AlIsra', Allah (Glorified be He) says:
And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin.
With regard to the Mufty's saying at the end of the Fatwa that if the state approved of this act, it is binding, for it is agreed upon that if the ruler adopted even a weak opinion, it becomes binding, this saying is degrading and is utterly false. The government is to be obeyed in Ma`ruf (that which is judged as good, beneficial, or fitting by Islamic law and Muslims of sound intellect), not that which causes harm to the Ummah and contradicts the purified Shari`ah. Permitting birth control contradicts the Shari`ah and the interests of the Ummah, so how could be binding? Allah (Glorified and Exalted be He) says concerning His Prophet (peace be upon him):
and that they will not disobey you in Ma'rûf (Islâmic Monotheism and all that which Islâm ordains)
He (peace be upon him) enjoins only the Ma`ruf, but Allah (Glorified and Exalted be He) intends to inform the Ummah and guide it to the fact that obeying the rulers is restricted to the Ma`ruf (that which is judged as good, beneficial, or fitting by Islamic law and Muslims of sound intellect). It is authentically reported that the Prophet (peace be upon him) said:
Obedience is only with regard to that which is Ma`ruf
(peace be upon him) also said: There is no obedience to a creature in disobedience to the Creator. There are many Hadith to the same effect. This is a brief word to manifest AlHaqq, remove doubts, and guide Muslims to the opinion of Shari`ah that we know in this concern. I ask Allah to guide us and all Muslims to what pleases Him, help us all comprehend the religion, and remain adherent to it, and to protect us against all delusive Fitnahs (trials) and the insinuations of Satan. Allah is Able to do all things. May Allah's Peace and Blessings be upon His Servant and Messenger Muhammad, his family, and Companions.