Ayatullah Makarim Shirazi & Ayatullah Ja’far Subhani
Question: Does Islam permit Contraception?
Answer: In Islamic law there is great encouragement for procreation and increase in population. So much so that they Holy Prophet (s.a.w.s.) says: Marry and procreate. Because on the basis of your huge numbers I am proud over other (Past) Communities. Even on the basis of your aborted children.
The aim of this topic is also clear because the power of a community mostly depends upon its numerical strength. Communities having less numbers are mostly weak and powerless.
It is correct that a country may be populated. Sometimes it may create problems regarding food and housing but in spite of that this same dense population becomes the cause of its strength and greatness. This is the reason why the most powerful Communities of the world are those who have numerical strength. As for the food shortage it can be solved through scientific agriculture. Thus contraception is not a good thing in Islamic view. (Except when there are really social and training problems).
In spite of this Islam has not made it illegal and according to the decrees of most of Islamic scholars contraception is allowed if both partners agree. Some have even allowed it even if the wife does not agree. Actually Islam has left the avenue open for the Muslims so that if there is need for contraception (For example the woman is weak or there is some other problem) they can gain benefit from this action and avoid pregnancy.
Though we should remember that all this is permitted when the conception has not yet taken place. But conception has already taken place it’s abortion is absolutely haraam. That is after the conception. (Even if it is one day old.), abortion is not allowed.
What is the legal position regarding abortion of illegitimate fetus?
Question: If a person performs such an action as a result of which the illegitimate fetus is aborted, does he have to pay the same Diyat (Penalty) that is payable for legitimate fetus or not?
Answer: Whether the fetus is legitimate or illegitimate its abortion is absolutely illegal. And in this matter there is no difference between the two. As far as the matter of abortion of illegal fetus, the parents are not eligible for the Diyat amount (when the two were aware that the intercourse they were having was illegal). And like the inheritance of an heirless person it becomes the part of Baitul Maal (Islamic treasury). But if a legitimate fetus is aborted its Diyat is paid to its heirs. Except one of the heirs (father or mother) had been instrumental in the abortion because in those conditions he is deprived of Diyat just as the killer cannot inherit the killed one.
Question: Nowadays in all hospitals, blood transfusion is given to many patients who are anemic or are undergoing operation. And it is possible that the blood of a stranger man is transfused into a lady who is namehram or vice versa. Is it allowed in Islamic Law?
Answer: Since there is no proof for prohibition regarding this act according to the rules of Islamic Jurisprudence, there is no harm in it. Even then it is better if man is transfused with the blood of man and woman with the blood of a woman. But if this is not possible, as mentioned above, it is not haraam.