The Position of Islam on Contraception

Today, Islam has no single position on contraception and abortion, because there are several schools of interpretations that have divergent readings of the sacred text. And it is only logic for these schools to address the new issues posed by new phenomena such as is the case with contraception and mass abortion.
Before elaborating even further, it is necessary to understand the structure and nature of Islamic law.

Islamic Law

Islam^[1] is structured around a legal system which is determined by the following order of precedence:

1. The Koran is regarded as the final revelation from Allah to His Prophet Muhammad (~570–632), it is the primary source of legislation in Islam. The Koran is seen as uncreated and preserved by Allah against any change or alteration; it also recognizes the Bible^[2] as inspired by Allah and also preserved, but the Koran says that it prevails upon it (5:48).
2. The sunnah (which is the set of words and acts of the prophet) is the second source of legislation in Islam. The sunnah is comprised of hadiths that have been collected and classified (some 150 years later) by Muslims in several works such as صحيح البخاريsahih al Boukhari, صحيح مسلمsahih Mouslim, etc.; these are words or actions of Muhammad considered as examples to be followed by Muslims, but which are classified by القبول دَرَجة [daraja al-qabûl]degree of admissibility. Some writers, like al-Bukharî, classified the hadiths in authentic or acceptable, and the others have simply been rejected.
3. The Unanimity of Muslims. This refers to a quote from Muhammad who said that Muslims will not unanimously agree to or persist in something that is wrong;
4. القياسAl-qiyâs (literally «the measure»), which allows to make the decision on a situation for which there is no written legislation taking as a reference the judgment made on a similar situation.

The Sharias were created using this methodology. They consist of Muslim codes of jurisprudence (fiqh) that define the law in different categories. They classify human actions into five categories:

1. Mandatory; e.g. to respect the five pillars of Islam,
2. Recommended; e.g. marriage,
3. Neutral (mubâh),
4. Wrong (makrûh); e.g. celibacy or divorce,
5. Prohibited; e.g. criminal offenses (theft, murder, etc.) or food taboos (pork, alcohol, etc.)

They may take to forms:

• The law (al hukm) which is structured in two parts:
  • Al Mu'amalat on morality, civil and criminal law,
  • Al'Ibadat on liturgy, prayer and worship.
• The fatwa, a legal advice given by a specialist to settle an issue where there is no clear Islamic jurisprudence.

We talk about Sharias in the plural, because there are several traditions of Islamic law, based on various مذهب [madhab]legal schools.

You can find today:

• for the Sunni branch:
  • the Maliki,
  • the Hanafi,
  • the Shafii,
  • Hanabali,
• for the Shiite branch:
  • the ja'farite.

Therefore, we find extremely divergent views on all these traditions, since the exegesis of the Koran is often lax and this often leads to conflicting precepts.

Old Positions on Contraception and Abortion

The two primary sources of every Muslim’s faith and practice are the Koran and the Sunnah (only as far as reliable Hadiths are concerned.) Human reasoning, which is fallible by nature, must be carefully pondered, especially when it contradicts these texts. However, the study of the Koran and the Sunnah is complex, since some verses of the Koran have been abolished and it is important to know the admissibility of the Hadiths: there are some Hadiths that have been abolished even in Bukhari and Muslim and, therefore, are no longer applicable; but however, there are some others that must be interpreted in the light of their original context; and there are many valid Hadiths scattered over hundreds of books.

Thus, we find in the Koran and the Sunnah the following founding principles:

• All human life is considered sacred, from conception to natural death. Only Allah, the Creator of all, can create life and order death. The time of death is predetermined by Allah.
• Fertility is a blessing and procreation is recommended.
• Our bodies belong to the Creator and neither men nor women have the right to treat them anyhow. This includes all or part of our body and everything that results from conception.
• Suicide, euthanasia and abortion are forbidden in Islam.

There is indeed nothing in the Koran or the Sunnah that allows abortion. Instead, we find the following verses:

"Nor take life – which Allah has made sacred – except for just cause." (17:33)
"And kill not your children for fear of poverty, we shall provide for them as well as for you. Killing them is really a great sin." (17:31, see also 6:151)"
"if anyone slew a person, unless it be for murder or for spreading mischief on earth, it would be as if he slew all men. And if anyone saved a life, it would be as if he saved the lives of all men." (5:32)
"O Prophet! When believing women come to thee and take an oath of allegiance, (and swear) (...) that they will not kill their own children, (...)" (60:12)

But some schools believe that abortion is no longer a blameworthy act but turns into a forbidden crime only 40 to 80 days (120 days for the Hanbali) after conception. Actually, the Koran does not mention anything of the sort. Those who claim otherwise have made very imaginative exegesis of certain verses (23:14, 39:6), most likely under the cultural influence of Aristotelian Greek paganism^[3] or the Talmud, which is not an inspired scripture.

Some even take from a passage of the Hadith^[4] a justification of hormonal contraception, and some believe that contraception would be allowed with a lawful wife, but only by mutual consent. These interpretations ignore the context (a pregnant hostage will produce a lesser ransom) and are inconsistent with the rest of the Koran: Obviously the latter condemns abortion (and hormonal contraceptives are abortifacients) and warns against what may endanger the health of women (hormonal contraceptives cause great risk.)
There is thus a study funded by the Egyptian State that states that the azl (coitus interruptus) is the only morally accepted method; however, any similar method that does not sterilize in a definite way would also be acceptable.
We may note that opinions vary widely by region, time and political pressure, and we are so far from divine inspiration and the will of Allah!

The Evolution of Islam

Recent Developments

One of the essential foundations of Islamic jurisprudence judgments is the deep understanding of the subject in question, and in recent decades, Muslim scholars have found large gaps in this understanding. So now they want to break free from their isolation that was separating them from the experts in these matters. Especially as the rapid progress of medicine and biological technology has opened a wide array of possibilities, posing new problems and questioning the decisions of their less informed predecessors.
That is why there are now conferences bringing together scholars of Islamic law and medical professors to discuss these issues on bioethics (see http://www.islamset.com/bioethics/index.html).

We observe an evolution towards greater respect for human life. Thus, in 1983, the final declaration of the Congress on Human Reproduction in Islam says about abortion:
«Going over the views expressed by earlier fiqh scholars, (...) and benefitting from a review of contemporary medical and scientific advances as established in papers and by modern medical technology; the seminar concludes that an embryo is a living organism from the moment of conception, and its life is to be respected in all its stages, especially after spirit is breathed in. Aggression against it, in the form of abortion, is unlawful except in cases of maximum necessity. Some participants, however disagreed and believe abortion before the fortieth day, particularly when there is justification, is lawful.»

And about sterilization:
«It is agreed that surgical contraception is lawful on the individual level in cases of necessity as determined by a trustworthy Muslim doctor and when other alternatives have been exhausted. On the level of the Muslim nation at large, it is unlawful, and the seminar denounces turning sterilization into a general campaign and warns against its exploitation in demographic wars that aim at turning Muslims into minorities in their own countries or in the world as a whole.»

Conclusion

The word "Islam" means "submission". Submission to Allah, of course, and not submission to the scholars whose opinions often contradict each other. A common practice among Muslims is to consult the region’s scholars on their tradition. But, do they have a better understanding of Allah's will than other scholars who have opposing views?

When in doubt, it is wiser and more respectful to Allah to consult with Him. And Allah has left to mankind enough additional clues to unveil His will:

• conscience: Harun Yahya, a national of Turkey, enjoys immense prestige in his country. He is the author of many books translated into several languages, and covering as diverse topics as faith, policy issues and the creation of the universe.Harun Yahya^[5] says: "To think of religion as a mere component of life, remember it only on certain occasions and consider that, except for cultural rites, nothing in life is related to it, is huge a human error. In the Koran it is said that actually the whole life of man, and not only rites, should be devoted to Allah: «Say: ‹Truly, my prayer, my sacrifice, my living and my dying are for Allah, Lord of the Universe.» (6:162)
  This means that in all his words, his decisions and actions, man must make sure to get the approval of Allah. If he thinks that something does not please him, he must absolutely avoid it."
• The Koran has a great respect for the Bible, which gives very specific answers on abortion and contraception, issues scarcely mentioned in the Koran. Furthermore: The Koran recognizes the divine inspiration of the Bible^[2bis].
• The progress of medical science allows us to see that the embryo is a human being from the moment of conception, that its heart beats as from the 17th day, etc. When Aristotle invented the concept of animation at 40 days (or 80 days) after conception, he knew nothing. And it is time to reject this pagan philosopher, who is completely out-of-date!
  In addition, the abortive aspects of hormonal contraception are now proven beyond reasonable doubt, which should logically lead to a new law, more restrictive, in order to protect the right to life of conceived human embryos.
• There are more and more exemplary Muslim personalities^[6] who have the courage to defend the right to life of human embryos, and who question abortion and abortifacient contraceptives.

This development is not a Westernization of Islam, on the contrary. The West, which has been fighting against Christianity for two centuries, is dying for having rejected God’s advice. Instead, it has preferred the corruption of abortion and contraception. If the Muslim world does not wish to share the same fate, it must guard itself against these scourges, real weapons of mass destruction.

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