Fiqh In Women's Health

on 6:21 PM

Hampir 3 minggu berlalu, masa hampir sepanjang hari dihabiskan di bahagian wad wanita dan wad kanak-kanak. Pesakit-pesakit yang ditemui saban hari, pastinya wanita (dan pasangan mereka kadang kala), juga bayi atau kanak-kanak (comel) bersama penjaga mereka.

Dari kes semudah follow-up bulanan, sehinggalah kes-kes yang lebih mencabar seperti kanser ovari, pendarahan tidak tentu dan penyakit neurologi keturunan yang berat.

Hari ini contohnya, awal pagi bermula dengan pesakit wanita yang disyaki keguguran selepas beberapa kali mengalami pendarahan sejak Jumaat lepas. Kemudian pesakit kedua juga masalah yang hampir sama, disyaki keguguran selepas beberapa minggu mengandung. Petang pula bermula dengan pembedahan elektif 'sterilisation' bagi mencegah kehamilan, diikuti pembedahan kompleks untuk membuang ketumbuhan berdarah di ovari seorang pesakit semuda 20 tahun!.

Malam jam 8 masih di wad, on-call di wad kanak-kanak, menanti jika ada pesakit dari bahagian kecemasan dipindahkan ke wad, sambil sibuk menyiapkan laporan-laporan kes minggu ini untuk dihantar dan kemudian menyiapkan pembentangan kes untuk esok hari.

Terasa lelah, kepenatan. Cuba mencari dinding bersandar, tetapi kesejukan malam membantutkan keinginan.Sekitar jam 9 baru balik ke rumah (dan terus ke dapur mencari nasi). Namun membayangkan lima atau sepuluh tahun ke hadapan, sebak merasakan yang kesibukan sekarang tidak mungkin dapat dibandingkan dengan kesibukan kemudian hari nanti.


Menyelak deretan emel, terbaca satu emel yang menarik perhatian. Sedikit sebanyak menguatkan lagi semangat untuk terus berjalan dan berjuang, menambah ilmu dan pengalaman dalam bidang yang sedang ditekuni sekarang. Mengambil semula hikmah yang telah hilang dari ummat Islam.

Dikongsikan beberapa persoalan dan pandangan dalam "Fiqh In Women's Health".

Moga bermanfaat untuk bakal-bakal doktor, jururawat, ahli farmasi dan pergigian, atau sekurang-kurangnya untuk pengetahuan semua yang bakal bergelar ibu, bapa, suami, isteri, anak, etc...

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Abortion of babies with genetic diseases

Question: I have a question regarding the permissibilty of carrying out an abortion on babies with genetic diseases such as Cystic Fibrosis. Scientists can now actually determine at a stage (before 120 days) weather this child will suffer from CF. This disease bascially involves the child growing up and living to the age of tops 30 years (if Allah Wills) and during these years the accumulation of bacteria and virus in the lungs due to sticky mucus causes 24/7 treatment of drugs. They would suffer many hardships during their life including being looked after. We studied this at college, and i know in the previous, the question has been asked about abortion. But would it still be permissible to carry out an abortion on this child knowing they would have a very serious condition during their short life? Abortion in the sense before 120 days when the ruh is inserted.

Answer:

In Islâm, abortion is primarily a prohibited sphere. However, as mentioned in an earlier post, prior to the period of four months (120 days) elapsing, it will become permissible if there is a legitimate and genuinely valid excuse. (Ibn Abidin, Radd al-Muhtar, 5/276).

These excuses are of two types:

1) Those that affect the mother. For instance:

a) The pregnancy constitutes a danger to the mother’s physical health.
b) It constitutes a danger to the mother’s mental health.
c) Pregnancy caused due to rape.
d) If a pregnant woman is severely crippled or suffers from a serious mental illness and is in no position to care for herself, then, if it is possible to give the child for caring or adoption after it is born, abortion is out of the question. However, if no such arrangement can be made, then an abortion will be permissible.

2) Those that affect the unborn child

Many contemporary scholars have stressed that if medical examination determines that the child will be born with severe disabilities or will be inflicted with genetic diseases that will cause him relentless pains, and will be an undue burden for the parents, it will be permissible to abort the foetus, provided the four months have not elapsed.

This can be derived from the following text of Ibn Abidin:

“(al-Haskafi’s statement “Abortion is permissible due to a valid reason”), for example, the milk of the pregnant mother ceased, and the father of the child is not in a position financially to hire a wet-nurse, and there is a fear of the child perishing, then they (fuqaha) have stated that it will be permissible to abort the pregnancy, provided the period of 120 days have not elapsed. This is permissible, as the foetus is not as yet developed into a human, and by aborting it, we are saving a human life” [Ibn Abidin, Radd al-Muhtar, 5/276]

The same has been stated in al-Fatawa al-Hindiyya, [4/112], which is one of the most important fatwa references in the Hanafi school, as Shaykh Mustafa Zarqa mentions in his Madkhal.

However, it should be remembered here that there should be a certain danger and risk about this. Mere doubts will not justify abortion. Also, it must be advised by a qualified, God-fearing Muslim doctor. It would be better if this is decided by a team of specialists, rather than just the one person. One should consult with a reliable scholar to confirm the particulars of one’s case, for caution should be should in all matters related to the lawful and unlawful.

And Allah knows best.

Answered by Shaykh Muhammad ibn Adam al-Kawthari

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Sterility Operations

It is not permitted to carry out operations on men or women that will lead to complete sterility, such as cutting the vas deferens (vasectomy) in men, or removing the ovaries or womb (hysterectomy) in women. This is because cutting off all possibility of future offspring with no valid reason is haraam, as it goes against what the Prophet SAWS (peace and blessings of Allaah be upon him) wanted for his ummah, and is a source of shame and humiliation for the Muslims.

The more the Muslims increase in number, the more this is a source of pride and status for them. Allaah has guaranteed to provide for His slaves, as He says (interpretation of the meaning): “And no living, moving creature is there on earth but its provision is due from Allaah. And He knows its dweeling place and its deposit (in the uterus, grave, etc.). All is in a Clear Book.” [Hood 11:6]. So cutting off all possibility of future offspring for no good reason goes against this teaching.

However, if it is necessary to carry out an operation of the kind mentioned – such as a case where the mother’s life will be in danger if she becomes pregnant, or she is suffering from a disease in her womb which it is feared could spread and kill her (such as cancer), so she has no choice but to have her womb removed – then there is nothing wrong with carrying out these operations in such cases of necessity. And Allaah knows best.

Fataawaa al-Mar’ah al-Muslimah (2/974); Fataawaa li’l-Shaykh Ibn ‘Uthaymeen (2/975); Fataawaa al-Shaykh Muhammad ibn Ibraaheem.

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Can we learn about abortion and veneral diseases?

Question:

An article appeared recently in the Times UK regarding capping the intake of muslim medical students due to their opposition of learning about abortion and venereal diseases. The article mentions:"Many of the students oppose abortion, while others have said that they would refuse to treat venereal diseases because they are a punishment for immorality."

A group of muslim medical students at Manchester University are trying to raise awareness about the misconceptions behind these views. I was hoping maybe you could provide a short statement about the permissibility of at least learning about abortions (due to their permissibility if the life of the mother is in danger) and also learning about and treating venereal diseases.

Answer:

Abortion and the termination of pregnancy is normally impermissible and contrary to the teachings of Shari’ah. However, it becomes permissible in certain compelling situations, as mentioned in detail in a recent post.

Similarly, to perform this act on another person is also unlawful, as what is unlawful for oneself will also be unlawful to perform on another.

Allah Most High says: “And help one another in virtue and piety and do not help one another in sin and oppression”(Surah al-Ma’idah).

However, to acquire knowledge regarding the practice of abortion is permissible, as there are circumstances when abortion becomes permissible. It is also perfectly lawful to learn about venereal diseases, and to say that they are a punishment for immorality is incorrect. One may repent from his/her sin and become beloved in the eyes of the Almighty. Also, it is not necessary that all venereal diseases occur due to sinning or immorality.

And Allah knows best.

Answered by Shaykh Muhammad ibn Adam al-Kawthari

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Is Family Planning allowed in Islam?
by Jamaal Zarabozo

The question of family planning and birth control was discussed in detail by the Majma al-Fiqh al-Islaami. They had twenty three scholars research this topic and present their findings on this matter. The participants involved represented many different trends and schools of thought. Among the participants were Muhammad Ali al-Baar, Ali al-Saaloos, Muhammad Saeed Ramadhan al-Booti, Abdullah al-Basaam, Hasan Hathoot and Muhammad Sayid Tantaawi. Their proceedings, papers and discussions may be found in Part One of the Fifth Volume of Majallah Majma al-Fiqh al-Islaami (1988/1409 A.H.). These proceedings are 748 pages all about the question of birth control and related issues.

The following are important points related to the issue of birth control in Islam. These were mentioned by some of the participants in the above program:

The institution of marriage and the want to have children was the custom of the best of creation, the prophets and messengers chosen by Allah. Allah says about them

"And indeed We sent messengers before you and made for them wives and offspring"
(al-Raad 38)

The best example for the believers is the example of the prophet Muhammad (saw), who married and had children. These prophets and messengers are the people whom Muslims should look to emulate. Allah says

"They are those whom Allah has guided. So follow their guidance" (al-Anaam 90)

They should be emulated and not the disbelievers of the West, whose new lifestyles - mostly out of concern for enjoying this life or obtaining as many worldly goods as possible - discourage women from having more children.

Islam has forbidden celibacy, monasticism and castration for such purposes. The prophet (saw) made this clear when he told those companions who were considering acetic forms of life: "I pray and I sleep; I fast and I break my fast; and I marry women. Whoever turns away from my way of life is not from me."

The prophet (saw) not only encouraged marriage but he encouraged marrying those women who are child-bearing. He stated: "marry the loving, child-bearing women for I shall have the largest numbers among the prophets on the day of Resurrection."(Recorded by Ahmad and ibn Hibban.)

From the Islamic perspective, children are a gift and a blessing from Allah. Allah mentions some of the bounties that He has bestowed upon mankind in the following verse: "And Allah has made for you spouses of your own kind and has made for you, from your wives, sons and grandsons, and has bestowed upon you good provisions." (al-Nahl 72)

Allah also said: "Wealth and children are the adornment of the life of this world." (al-Kahf 46)

The only true provider for all mankind is Allah. If Muslims follow what Allah has prescribed for them, Allah will provide for them. Allah has warned about killing one's children out of fear of poverty for either parents or the child. Allah says: "Kill not your children because of poverty - We provide sustenance for you and for them" (al-Anaam 151)

Allah also says: "And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin" (al-Isra 31)

Hence, Muslims should never abort or kill their children out of fear of poverty. It is Allah who provides for them.

Based on the above points and numerous others, the scholars who participated in the research on this question came up with the following resolution:

1) It is not allowed to enact a general law that limits the freedom of spouses in having children.

2) It is forbidden to "permanently" end a man's or a woman's ability to produce children, such as by having a hysterectomy or vasectomy, as long as that is not called for by circumstances of necessity according to its Islamic framework.

3) It is permissible to control the timing of births with the intent of distancing the occurrences of pregnancy or to delay it for a specific amount of time, if there is some Shariah need for that in the opinion of the spouses, based on mutual consultation and agreement between them. However, this is conditioned by that not leading to any harm, by it being done by means that are approved in the Shariah and that it not do anything to oppose a current and existing pregnancy.
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*Sedang mengumpul bahan-bahan berkaitan Fiqh of Medicine. Siapa2 nak berkongsi lagi silakan! Jom semarakkan budaya ilmu untuk membina generasi harapan!~

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