Fiqh of Menstruation Q and A (1)

Some women ovulate during their menstruation and Islam forbid sexual intercourse during this period. Is there a waiver for those women to be able to conceive?

Alhamdulillah wasalaatu wasalaam ‘ala rasulillaah, Jazakallaahu khayran for your question. It is not permissible to have sexual intercourse with a menstruating woman. Our Qur’aan clearly stated the reason for this prohibition, which is that menstruation is adha (a harmful thing). Allaah says (interpretation of the meaning): “They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore, keep away from women during menses” Q2:222. This is enough for us believers to keep away from such during menstruation.

Also, experts over the years have confirmed harmful effects of sexual relation during menstruation. Dr. Muhammad al-Baar said, speaking of the harm that may be caused to the menstruating woman: The lining of the uterus is shed during menstruation, and the uterus is scarred as a result, just like when the skin is flayed. So, it is vulnerable to bacteria and the introduction of the bacteria that are to be found at the tip of the penis poses a great danger to the uterus.  Hence the penetration of the penis into the vagina at the time of menstruation is no more than the introduction of germs at a time when the body is unable to fight them. Dr. al-Baar thinks that the harm is not limited to what he describes of the introduction of germs into the uterus and vagina which is difficult to treat, rather it also extends to other things, namely:

  1.     The spread of infection to the fallopian tubes, which may then become blocked, which in turn may lead to infertility or ectopic pregnancy, which is the most dangerous kind of pregnancy.
  2.     The spread of infection to the urethra, bladder and kidneys; diseases of the urinary tract are usually serious and chronic.
  3.     Increase of germs in the menstrual blood, especially gonorrhea germs.

The menstruating woman is also in a physical and psychological state that is not conducive to intercourse, so if it takes place it will harm her a great deal and cause her pains during her period, as Dr. al-Baar said:

  1.     Menstruation is accompanied by pains, the severity of which varies from one woman to another. Most women experience pains in the back and lower abdomen. For some women the pain is unbearable and has to be treated with medication and painkillers.
  2.     Many women suffer depression and stress during their period, especially at the beginning, and their mental and intellectual state is at the lowest level during menstruation.
  3.     Some women suffer migraines just before their period starts, and the pain is severe and causes visual disturbances and vomiting.
  4.     Women’s sexual desire decreases, and many women have no interest at all in sex during their periods. The entire reproductive system is in a state that is akin to sickness, so intercourse at this time is not natural and serves no purpose, rather it can cause a great deal of harm.
  5.     A woman’s temperature drops during menstruation, as does her pulse and blood pressure, which makes her feel dizzy, exhausted and lethargic.

Dr. al-Baar also mentions that the harm is not only caused to the woman by having intercourse with her, rather the man is also affected by this action, which may cause infection in his reproductive system which may lead to sterility as a result. The severe pains suffered as a result of this infection may be even worse than the sterility it causes. And there are many other harmful effects, some of which have not yet been discovered, but Allaah has referred to them when He said (interpretation of the meaning): “Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore, keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath)” Q2:222. Allaah has described it as adha, a harmful thing both for the wife and for the husband, and other harmful effects about which Allaah knows best. Thus, it becomes clear that the prohibition on intercourse at the time of menstruation is not just because of the blood, rather it is for many reasons as stated above.

The Muslim must also obey the command of Allaah, for He is the Creator and He knows best what is good for His slaves and what is harmful to them. He is the One Who says “keep away from women during menses”, so even if the reason behind this is not clear, we must still submit to the command of Allaah Who has commanded that a man should not have intercourse with his wife during this time. al-Hayd wa’l-Nifaas wa’l-Haml bayna al-Fiqh wa’l-Tibb by Dr. ‘Umar al-Ashqar. Tawdeeh al-Ahkaam by al-Bassaam, 1/362.

With the deciding narrations of Quraan and Hadeeth that prohibit sexual intercourse with menstruating women and the above explanation of the expert, it is concluded that other sha’riah approved way to get pregnant, in the case of necessity (like Artificial Insemination or In-Vitro Fertilization etc.), is the option instead of going against the command of Allaah and endangering our lives with the known and unknown harmful effects of the act. Also, all conditions of other options have to be met.

May Allaah grant us understanding.

Child’s Rights in Islam (Concluding Part)

Child’s rights include some that come even before the child is born. Choosing religiously committed partner should not be forgotten, hence his/her distinguishing righteous may be passed to his/her children.

Recitation of basic dhikr before sexual intercourse after Islamic legal marriage (Nikkah) for protection against shayatin (Jins), and daily adhkar should not be forgotten during pregnant.

And after the child is born: tahneek, ‘aqeeqah, good name, etc. should be in accordance with sunnah. No child should be preferred over other; fair treatment in terms of religious and other education, spending etc. are strictly recommended as discussed.

All children are affected by those things around them, seen or unseen. Abu Hurayrah who said: The Messenger of Allah salallahu ‘alayhi wasalam said: “There is no child who is not born in a state of fitrah, then his parents make him a Jew or a Christian or a Magian.” Narrated by al-Bukhaari, 1292 and Muslim, 2658. Just as the child submits to the physical laws which Allah has put in nature, his soul also submits naturally to the fact that Allah is Allah. But, his parents try to make him follow their own way and the child is not strong enough in the early stages of his life to resist or oppose the will of his parents.

Notably, choice of neighbours needs to precede the choice of house, location and its design. If one’s neighbor is morally corrupt then one’s family members are prone to risk. Allah said: “And incline not toward those who do wrong, lest the fire should touch you, and you have no protectors other than Allah, nor would you then be helped. (Q11:113)

You have option to live in a decent environment close to pious people but because of little different in the cost or worldly things, you prefer area close to beer parlor, casino, or area known for immoralities. If the child become nuisance, who is to be blamed?! Or you choose to be playing music or encourage it, then if the child’s role model is a Kaafir or a Musician, who is to be blamed?!

Oh my brethren! think and plan for your child, plan for your tomorrow.

May Allah grant us understanding of His religion, grant us pious partner, bless the union and our children.

Subhanakallahumma wabihamdik ashadu allaa ilaaha illa anta, astaghfiruk wa atuubuilaiik.

 

Child’s Rights in Islam (12)

Rulings on Miscarriage or Loss of an Infant

The rulings include:

* ‘Aqeeqah for the child. It was narrated from Salman ibn ‘Aamir (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Every child should have his ‘aqeeqah, so shed blood for him and wipe the dirt away from him.” Narrated by al-Tirmidhi, 1515; al-Nasaa’i, 4214; classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in al-Irwa’, 4/396. It was narrated that Samurah ibn Jundub (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “Every child is in pledge for his ‘aqeeqah, so slaughter (the sheep) for him on the seventh day, and give him his name, and shave his head.” Narrated by al-Tirmidhi, 1522; al-Nasaa’i, 4220; Abu Dawood, 2838 classed as sahih by al-Albaani (may Allah have mercy on him) in al-Irwa’, 4/375.

Note: It is better to give some in charity, eat some and give some as gifts. Al-Mawsu’ah al-Fiqhiyyah (30/279).

* The foetus or miscarriage that happens after four months should be named, washed and shrouded, and the funeral prayer offered for him, and he should be buried with the Muslims. Narrated by Abu Dawood and al-Tirmidhi from al-Mughirah ibn Shu’bah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “The funeral prayer should be offered for the miscarried foetus.” Fataawa al-Lajnah al-Daa’imah, 8/406, Fataawa al-Lajnah al-Daa’imah, 8/408, As’ilat al-Baab il-Maftooh, Q. 653. Ibn al-Mundhir, Ibn Qudaamah in al-Mughni (2/328) and al-Kaasaani in Bidaa’i’ al-Sanaa’i’, 1/302. Al-Nawawi said in al-Majmoo’ (5/210), al-Mughni, 2/328; al-Insaaf, 2/504, Fataawa al-Lajnah al-Daa’imah, 8/406.

* The blood which comes out when the foetus is miscarried at this stage is nifas, so the woman should not pray or fast, and it is haram for her husband to have intercourse with her. Fataawa al-Mar’ah al-Muslimah, 1/304, 305.

My Brethren, it is good to remind the parent these hadiths:

  1. Abu Musa al-Ash’ari (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: “When the child of a person dies, Allah says to His angels: ‘You have taken the soul of the child of My slave?’ They say: ‘Yes.’ He says: ‘You have taken the apple of his eye?’ They say: ‘Yes.’ He says: ‘What did My slave say?’ They say: ‘He praised You and said innaa Lillaahi wa innaa ilayhi raaji’oon.’ And Allah says: ‘Build for My slave a house in Paradise, and call it the house of praise.’” al-Tirmidhi, 1021; classed as hasan by al-Albaani in Saheeh al-Tirmidhi. Al-Nawawi (may Allah have mercy on him) said: The death of one of one’s children is a screen against the Fire, and the same applies to miscarriage, and Allah knows best. Al-Majmu’, 5/287; see also Haashiyat Ibn ‘Aabideen, 2/228.
  2. Mu’aadh ibn Jabal narrated that the Prophet (peace and blessings of Allah be upon him) said: “By the One in Whose hand is my soul, the miscarried foetus will drag his mother by his umbilical cord to Paradise, if she (was patient and) sought reward (for her loss).” Narrated by Ibn Maajah, 1609; classed as da’if by al-Nawawi in al-Khulaasah (2/1066) and al-Busayri, but classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

May Allah grant us benefiting understanding, and grant all tested parents fortitude to bear the loss and bring to them what is better after.