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First Fiqhi Seminar

Date: April 1-3, 1989 Venue: New Delhi


In the Seminar Three issues were put for deliberations:

  1. Transplantation of organs
  2. Pagdi
  3. Birth control

 

Exhaustive and scholarly papers were read on all the three subjects. After considering several aspects of Pagdi system and Transplantation of organs it was felt that they required further deliberation and should not be decided in haste. Therefore, a questionnaire was decided to be sent in this regard to theologians and experts of medical and social sciences. As for birth control, the following conclusions were arrived at unanimously.

Conclusions:

  1. Any practice snapping process of or restricting the human birth is against the basic tenets of Islam.
  2. In no case the Shariah approves the evasion or refusal of shouldering the responsibility of procreation on the ground of keeping the family small as a fashion or because of hindrance in cultural pursuits or because of effecting employment or business engagements of the parents.
  3. The women who take up employment as a career to achieve higher standard of living or to amass wealth ignore their their function of procreation and also forget the sacred obligation which nature has blessed them with as mother of human race. Therefore, the idea of limiting the family with these considerations is totally un-Islamic.
  4. If due care and nourishment of the child falls in jeopardy because of early pregnancy of the mother, in that case, to keep a suitable interval, temporary birth control devices can be adopted.
  5. Adopting permanent birth control devices ( like vasectomy ) are in no case permissible for men. Such devices are prohibited for woman as well. However, only in exceptional cases this is permissible, that is, if in the opinion of expert doctors there is danger to the life of the woman or apprehension of destruction of some organ of the woman while delivering a child, oviductomy operation can be performed on the woman to prevent future pregnancy.
  6. Use of temporary birth control measure under ordinary circumstances is not permitted in Islam.
  7. Under the following exceptional circumstances use of temporary birth control devices or taking medicine for that purpose is permissible for men and women.
    • If the woman is very weak and in the opinion of doctors she cannot bear the rigours of child-birth without the risk of grave danger to her life.
    • If the pains of child- birth are going to be, in the opinion of expert doctors, unbearable for the woman and shall expose her to grave harm.

 

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Islamic Fiqh Academy (India) (IFA) was established in 1988 at New Delhi under the guidance and supervision of the great known Islamic Scholars.

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