[Q-ID0177] Is it permissible to have sex whilst pregnant? What about using contraception?

QUESTION:

Is it permissible to have sexual intercourse with my wife if she is pregnant, and also, is contraception allowed?

ANSWER:

With regards to the first part of the question, our teachers have stated that engaging in sexual intercourse and cohabiting with ones wife while she is pregnant is perfectly permissible from an Islamic perspective. However, many scholars have stated that if a particular woman is advised by a physician that it is harmful for the child or herself that she engages in sexual intercourse, she should avoid it.

With regards to the second part of the question, our teachers have given a detailed answer to a similar question below:

Contraception is permitted; however, it is superior not to engage in contraception without genuine reason or benefit, because the Qur’an and Sunnah have encouraged having children, and there is great benefit to the individual and society in raising righteous children.

Regarding the Permissibility of Contraception

Sayyiduna Jabir ibn Abd Allah (Allah be pleased with him), the notable Companion of the Messenger of Allah (peace and blessings be upon him), relates that, “We used to engage in contraception (`azl) while the Qur’an was being revealed. Had it been something that was interdicted, the Qur’an would have forbidden it.”

[Bukhari (5209); Muslim (4220)]

Kasani (Allah have mercy on him) states in Bada’i` al-Sana’i` [Qur’an 2:334-335]:

“It is disliked to engage in contraception or preventative ejaculation (`azl) with one’s wife without her permission. This is because intercourse with ejaculation is the means to having a child, and having a child is her right. By resorting to contraception, without her permission, having a child is prevented, which is akin to being a reason for not fulfilling her right; however, if the contraception was with the wife’s agreement (rida), then it is not disliked. In such a case, she will have willingly forgone her right.”

This is also mentioned by Marghinani in al-Hidaya, and Nasafi in Kanz al-Daqa’iq. Zayla`i confirms this in his commentary on Kanz al-Daqa’iq.

[Tabyin al-Haqa’iq Sharh Kanz al-Daqa’iq, 6.21]

Ibn Nujaym (Allah have mercy on him) says in al-Bahr al-Ra’iq Sharh Kanz al-Daqa’iq, “The permissibility of contraception (`azl) is the position of the generality of scholars, because of the [above-mentioned] hadith in Bukhari…” [3.214]

Is Contraception Disliked, Though?

Ibn Nujaym then quotes Ibn al-Humam (Allah have mercy on him), who mentioned in his magnificent commentary on al-Hidaya, Fath al-Qadir, that some scholars of the Hanafi school considered contraception to be permitted yet disliked, while others did not consider it disliked. [ibid.]

Mulla Khusro, the great Ottoman master jurist, said in al-Durar that it is permitted to engage in contraception. He does not state that it is disliked [1.315]. Shurunbulali (Allah have mercy on him) does likewise in his marginal commentary, al-Shurunbulaliyya. In fact, he relates that some scholars permitted it even without permission because of the bad times.

The Fatawa Hindiyya, compiled by some of the greatest jurists of Moghul India under commission from the righteous Sultan Aurangzeb, explicitly negates that it is disliked by stating, “Contraception is not disliked with the wife’s permission…” [1.315]

This is also what Haskafi relates in al-Durr al-Mukhtar, and is confirmed by the words of Ibn Abidin in his marginal commentary (hashiya), Radd al-Muhtar.

And Allah alone gives success.

Answered by the Seekerspath Team

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