The position of Islamic tradition on contraception

Med Law. 1994;13(7-8):717-25.

Abstract

The first source of Islamic law, the Koran, does not mention contraception. On the contrary, most of the 'sayings' (hadith) of the Prophet Mohammed (the second source of Islamic law) on the subject, tolerate coitus interruptus (azl). The position commonly and historically shared by Islamic jurists coincides with Al-Ghazali's interpretation according to which, under many circumstances, coitus interruptus is a blameworthy but tolerated (makruh) act. However, there has always been a minority of jurists opposed to contraception. Analogical reasoning (qiyas, the fourth source of Islamic law) makes it possible to legitimize most modern contraceptive techniques. Nowadays, because of the risks of overpopulation, the majority of Islamic governments have passed family planning laws; however among the masses the wrong belief that Islamic law prohibits contraception is spreading.

PIP: Most Islamic nations are now governed by Western-like codes and institutions. This modernization has reduced Islamic law to the role of a parallel juridical system, often marginalized but not completely replaced by modern juridical structures. Analogical reasoning makes it possible to legitimize most modern contraceptive techniques. Many Islamic governments therefore try to make laws to combat overpopulation despite ambiguity in Islam on certain fertility control issues. The Koran, first source of Islamic law, does not mention contraception, while most sayings of the Prophet Mohammed on the subject tolerate coitus interruptus. The position commonly and historically shared by Islamic jurists coincides with Al-Ghazali's interpretation according to which, under many circumstances, coitus interruptus is also tolerated. There has, however, been a minority of jurists opposed to contraception. Debate continues over the acceptability of sexual sterilization, but jurists tend to forbid permanent birth control means except when they are justified on serious health grounds. The use of abortion as a contraceptive means is clearly forbidden by Islam. Government strategies differ from one another, but the majority have passed family planning laws. Much of the general public still believes that Islamic law prohibits contraception.

MeSH terms

  • Contraception*
  • Family Planning Policy*
  • Humans
  • Islam*
  • Religion and Medicine*