It is not permissible for one of the spouses to prevent pregnancy without the consent of the other

Question: 45177

A woman came to a gynaecologist to ask her for contraceptive medicine without her husband’s permission, on the grounds that this woman’s husband had another wife and he had children from her, and she was still studying in the university. Is it permissible for the doctor to prescribe this medicine for her or should she refuse?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

It is haram for her to use contraceptives without her
husband’s consent, because it is the right of both husband and wife to have
children. Hence the scholars said that it is haram for the husband to
withdraw from his wife without his wife’s consent.

“Withdraw” here refers to ejaculating outside the vagina
(‘azl) lest the woman become pregnant. But if both spouses agree to taking
these pills, it is permissible, because that is akin to ‘azl, which was
practised by the Sahabah, as Jabir (may Allaah be pleased with him) said:
We used to practise ‘azl at the time when the Quran was being revealed.

In other words, if it had been forbidden the Quran would
have forbidden it. However, it is better not to take these pills because
that goes against the wishes of the Prophet (peace and blessings of
Allah be upon him) for this ummah, that they should have many children.

I tell you that the ones who first invented these pills were
the Jews and other enemies of the Muslims, who want to eradicate this ummah
and reduce its numbers, and leave it dependent upon others, because the
smaller their numbers the smaller their productivity, and the greater their
numbers the greater their productivity – in agriculture, industry, commerce
and in every field. Nations are feared more than others if they are greater
in number, even if they are not advanced in industry, because large numbers
alarm the enemy.

So we call upon the Muslims to have many children, so long as
there are no circumstances such as sickness or poor health on the woman’s
part or she cannot give birth without surgical intervention, because these
are cases of necessity and cases of necessity are subject to different
rulings.

Ash-Shaykh Ibn ‘Uthaymeen, Fatawa al-Mar’ah al-Muslimah,
2/556

Please see also question no.
21169.

If taking these pills is
haram, then it is haram to help her to obtain them, because Allah says
(interpretation of the meaning):

“Help you one another in Al‑Birr
and At‑Taqwa (virtue, righteousness and piety); but do not help one another
in sin and transgression”

[al-Maidah 5:2].

Source:

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