Q. The question
arises as to whether the use of the loop, which is intrested in the uterus
of the woman, is permitted as a means of birth control. The effect of
the use of the loop is summarised in the letter of Dr A E Suliman, an
experienced and qualified gynaecologist.
In some cases, the sperm and ovum are destroyed prior to fertilization.
In other cases, fertilization takes place but the resultant fertilized
ovum which takes the form of cellular material is prevented from becoming
implanted in the inner wall of the uterus. it the time of such expulsion
of the fertilized ovum. Mufti Jaleel Qasmi Sahib has expressed the view
that the use of the loop in such circumstances is permissible although
not encouraged, such view being based on the analogy of AZAL. A general
medical practitioner has raised an objection to the effect that the cellular
material which is so expelled contains life but then, in answer, the sperm
and the infertilized ovum also contains life. Your considered FATWA on
the matter would be greatly appreciated as soon as possible, and is requ-
ired by the Jamiatul Ulema, Natal.
(M.S. Omar, South Africa)
A. It appears from your question as well as the enclosed explanation
given by the expert that the use of loop may bring either of the two results
:
1. It may prevent fertilization by destroying sperm and the ovum
prior to their intraction.
2. If the fertilization takes place, the fertilized ovum is expelled
from the uterus by the loop. This expulsion takes place within one or
two weeks after the fertilization.
In the first case where the loops acts as a preventive measure against
fertilization, it is similar to any other contraceptive and the rules
regarding 'AZAL' (coitus interruptus) may be applied to the loop also,
i.e. its use is permissible in Shariah in cases of individual needs, like
the sickness or the weakness of the woman where pregnancy may endanger
her health.
In the second case, however, the rules of 'AZAL' cannot be applied, because
in that case it is not merely a preventive measure, but it expels the
fertilized ovum from the uterus after conception. Therefore, it acts as
a device to effect an abortion. Hence, the rules of abortion shall aply.
According to the Islamic rules, an abortion is totally prohibited, if
it is effeted after the completion of 12 weeks after conc- eption. But
at an earlier stage, abotion is permissible only for medical reasons and
other genuine needs.
As the loop expels the fertilized ovum within two weeks, its use cannot
be held as prohibited totally. However, being a device of abortion, its
use is not advisable and it should be restricted to the cases of the real
medical needs only.
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