Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 40268
Asked Country: Indonesia

Answered Date: Mar 24,2018

Title: Permanent Tubal Ligation

Question

Question:

Respected Hazrat Mufti Sahib (Damat Barakatahum),

 

Hope this mail finds you in good Health and Emaan.

 

 

I have 2 Kids of age 5 and 3 almost, both of them came via  Cesarean delivery, My Wife had gone through 3 Abortions already, 1 was normal abortion, 1 was done using Medcine & 1 was done under GA (  General anesthesia ). It is also worth to mention here that both my Kids were born prematurely.

 

Now my wife is again pregnant in her 8 Month, and her condition is very weak. I approached a (Local) great Mufti Sahib here regarding  "Permanent Tubal Ligation" and told him the full history. Mufti Sb replied, that if a Doctor who is a Muslim, Expert & Religious will suggest her to go for  "Permanent Tubal Ligation" then it will be allowed.

 

We told same to our doctor, she replied, i will judge it during the surgery (delivery of 3rd baby), she got a bit afraid which we understand from her facial expression upon hearing the Mufti Sb. points.

 

There is very good and renowned doctor here in Kashmir but he is a male so i never took my wife their, i booked an appointment with same doctor and visited him with documents and reports, upon looking the reports and listing the history he told me that i will recommend her to go for  "Permanent Tubal Ligation"

 

But still i was not satisfied internally. So i tried to find out some other experts, and finally i got an appointment with a religious and Gold Medalist female doctor, she told me that i can tell you anything once i do physical checkup of your wife. So i booked an appointment with her and took my wife their, she checked all reports and documents and also a through check up was done and told the i suggest her to go for 

 "Permanent Tubal Ligation" and write it down on her prescription. She told us that in normal conditions we recommend  "Permanent Tubal Ligation" after 3rd  caesarean delivery and your wife had gone through abortions, it will risky for her to go for another baby.  

 

But we are still confused, still i and my wife are afraid to take any final decision as this is the matter of Deen.

 

Now i request your Goodself to kindly suggest what  should we do as per our Deen.

 

Jazakallahukahira.

May Allah bless you with long, healthy and peaceful life and may Allah accept great services of your team.

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

In order for us to advise you further could you elaborate on the following;

  1. Did you consider temporary and reversible contraception?
  2. What are the health risks of falling pregnant again?

 

Question:

Kindly find the answers to questions posed by your goodself as below:

 

1. Regarding temporary and reversible contraception, the only sucessful temporary and reversible contraception available here in Kashmir  is IUD,  after the birth of our 2nd child we opted for IUD Copper T but that does not suit my wife, after inserting that my wife experiences heavy bleeding (periods) for more the 10 days of every month, due which she become very weak and many other problem were generated like constant back pain, White discharge etc after 1 year we decided to take that out and then after some time she conceived again. 

 

2. Following are the health risks of falling pregnant again:

a. uterine rupture which can cause very adverse effect (even death, god forbid) on baby and mother both. 

b. Placenta previa - the placenta implants over the cervix instead of along the wall of the uterus.  This can lead to bleeding during pregnancy and a preterm delivery.

c.  Placenta accreta/increta/percreta - an abnormal attachment of the placenta to the uterine wall.  Instead of the placenta detaching and coming off nicely after delivery, it is sticky or has grown into the wall of the uterus, which can result in excessive bleeding.

d. Uterine atony/excessive bleeding - it becomes more likely that the muscle of the uterus won't contract down after each subsequent delivery, which leads to excessive bleeding that requires medication and, occasionally, additional surgery to stop the bleeding.

e.  injury to the bowel or bladder.

f.  abdominal surgery can lead to adhesions that develop with increasing thickness each time a new C-section is performed on the same woman, and they can make for a more difficult delivery.

g.  developing hernias, diastasis recti (when the stomach muscles separate and the abdomen protrudes), and numbness and pain at the incision site.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

According to your explanation, the IUD is not compatible with your wife. You also state seven health related issues of falling pregnant again. Some of them are life threatening.

In the circumstances explained by you, it is permissible for your wife to undergo permanent tubal ligation.

And Allah Ta’āla Knows Best

Huzaifah Deedat

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

__________________

https://en.wikipedia.org/wiki/Tubal_ligation

الدر المختار وحاشية ابن عابدين (رد المحتار)-دار الفكر (5/ 228)

وفي التهذيب يجوز للعليل شرب البول والدم والميتة للتداوي إذا أخبره طبيب مسلم أن فيه شفاءه ولم يجد من المباح ما يقوم مقامه، وإن قال الطبيب يتعجل شفاؤك به فيه وجهان، وهل يجوز شرب العليل من الخمر للتداوي فيه وجهان، وكذا ذكره الإمام التمرتاشي وكذا في الذخيرة وما قيل إن الاستشفاء بالحرام حرام غير مجرى على إطلاقه وأن الاستشفاء بالحرام إنما لا يجوز إذا لم يعلم أن فيه شفاء أما إن علم وليس له دواء غيره يجوز ومعنى قول ابن مسعود - رضي الله عنه - لم يجعل شفاؤكم فيما حرم عليكم يحتمل أن يكون قال ذلك في داء عرف له دواء غير المحرم لأنه حينئذ يستغني بالحلال عن الحرام

فتاوى رحيمية - جلد 10- ص182- دار الاشاعت

كتاب الفتاوى- جلد 6 –ص229- زمزم

 

 

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