Question Summary:
I am working in Saudi Arabia and I have 2 children. By Grace of Allah in coming April I am expecting a new baby. My 2 children born by major operation and doctor told me the chances of 3rd are very high through operation. Now my wife is interested to stop the pregnancy during this operation on permanent basis…

Question Detail:

I am working in Saudi Arabia and I have 2 children. By Grace of Allah in coming April I am expecting a new baby.  My 2 children born by major operation and doctor told me the chances of 3rd are very high through operation. Now my wife is interested to stop the pregnancy during this operation on permanent basis.
 
I want to know the Islamic view point in this regards. Kindly let me know shall I go for it or not. What Islam says in this regards.  I will be great full for your value able advice in accordance with Islam.

Answer :

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In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
 
We have difficulty in understanding your question. There are two possibilities in your query.
 
a)      To stop the pregnancy permanently after the third child is born.
 
In this case, the following should be understood.
 
One of the major purposes of marriage in Islam is procreation. Nabi Kareem صلى الله عليه وسلم  says. "Marry the loving/friendly, the child-bearing for I shall outstrip the other nations with your numbers on Qiyama."
(Sunan Abi Dawood, 1/625,darul fikar)
 
Furthermore, Allah جل جلاله  says, “and do not kill your children out of fear of poverty; We shall provide for them and for you”.                                                                                                            
 (  Al Israa:31)
 
It is not permissible to avoid conception. However, if the woman’s life is in danger or has some serious health problem, than it would be permissible to do so. We advise that you consult a Muslim doctor and ask his opinion regarding your wife’s health.
 
(Fatawa Mahmudia, 18/297, Faruqia)
 
Kindly find the attached article regarding the usage of temporary and permanent contraceptives.
 
 CONTRACEPTION
 
Contraception is permissible on a limited scale for valid reasons - reasons considered by the Shariah to be valid. The circumstances which will permit reversible and permanent contraception differ.
 
REVERSIBLE CONTRACEPTION
 
Among the reasons accepted by the Shariah as valid for practicing reversible contraception are:

There are valid grounds for practicing reversible contraception. Poverty or the fear of poverty are not valid reasons for contraception. It is not permissible to practice contraception on account of a fear of not being able to provide for a large family. Such a fear is an attribute of non-Muslims. According to the Quran Shareef: 'There is no living creature, but its sustenance is the responsibility of Allah.'
Similarly desire to curb sexual desire which may stem out of piety is not a lawful ground for contraception. If practiced for any reason which is unlawful in Islam, then contraception will likewise be unlawful, e.g. for indulgence in illicit sex.
 
PERMANENT CONTRACEPTION
 
Permanent contraception is permissible only if the woman's life is in danger or her health is seriously threatened.
Therefore, it will not be permissible for you to use permanent contraceptives. However, you may use temporary contraceptives.
 
b)     The other scenario would be to stop the pregnancy now through abortion. In this case, kindly see the attached article by Mufti Ebrahim Desai (db) on abortion.
 
 
ISLAMIC PERSPECTIVE ON ABORTION
 
(Al-Mahmood by Mufti Ebrahim Desai)
 
Almighty Allah Ta'ala says in the Quran: "Life is from a decree of my Lord." (Surah 12 Verse 85). The above verse is self explanatory on the sanctity and significance of life. Generally every decree is from Allah Ta'ala but the honour of attribution increases its sanctity and demands its highest level of reverence. This command is mentioned in many verses of the Noble Quran - Allah Ta'ala says: "Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind." (Surah 5 Verse 32)
 
The above should suffice to express the sanctity of the Rooh (life). The Noble Qur'an describes the various stages of man's primordial development but it does not specify the exact duration of each state. In one verse of the Noble Qur'an, Almighty Allah Ta'ala says, "Man, We did create from a quintessence (of clay); then We placed him as (a drop of) sperm in a place of rest, firmly fixed; then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out of that lump bones, and clothed the bones with flesh; then We developed out of it another creature: So blessed be Allah, the best to create." (Surah 23 Verses 12 and 14)
 
In a Hadith related by Bukhari and Muslim, our beloved Rasulullah (Sallallaahu Alayhi Wasallam) said, "Verily the creation of each one of you is brought together in his mother's belly for forty days in the form of a seed, then he is a clot of blood for a like period, then an angel is sent to him who blows the breath of life into him..."
 
Based on the above references, Muslim jurists have deduced that the first four months (120 days) of gestation is the crucial time period. After this the foetus is regarded as being 'alive' and an abortion is not permissible for any reason whatsoever; and, should an abortion be done then it would constitute murder. Thus an abortion may be performed within the 120 days period only if there is a valid Shar’ee reason. (Family Planning and Abortion, by Qaadhi Mujahidul Islam, published by the IMA of South Africa)
 
Upon and after 120 days, it will not be permissible to abort the child. Almighty Allah Ta'ala, the All-Knowing, the All Merciful, has endowed the foetus with life. The heights of His Infinite Wisdom cannot be reached nor comprehended. The importance of the biggest problem in the circumstances cannot be equivalent to the importance of the Rooh (life). In general, abortion is not permissible but within 120 days as stated above; however, it is permissible to abort the child in the following instances:
 
1.      Rape and incest
2.      Proven abnormalities, e.g. Anencephaly (no brain), Downs Syndrome, Trisomy, HIV positive, congenital rubella health.
3.      If the foetal abnormalities are not proven but speculated, if there is a high risk that a woman may suffer from any of the above factors, then in the opinion of an honest, reliable and an experienced Muslim doctor, abortion may be permissible prior to the four months' gestation. It must be stressed that these are exceptional circumstances in which an abortion is allowed. Once again, it must be emphasized that the permission granted rests on medical grounds. (Ibid)
4.      If there is a high risk of the mother's permanent mental well-being and if the doctor is certain (Zanne Ghaalib) that the depression, schizophrenia will be permanent and incurable.
5.      Abortion before 120 days is not permissible due to spacing of children, financial constraints, young age and unwed mothers.


And Allāh Ta῾āla Knows Best


Wassalāmu ῾alaykum 


Ml. Abdur Rahman Shareef,

Student Dārul Iftā


Checked and Approved by:


Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah