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Copper T loop (IUCD)

Answered according to Hanafi Fiqh by Darulifta Azaadville

Question:

I would like to find out if the copper T loop is permissible

Jzk

I was told it aborts the fetus afterwards. 

Answer:

THE T-LOOP

The copper T loop also known as IUCD (Loop/Intra-Uterine Contraception Devices) or Intrauterine coil, is a method of contraception which is generally used for long term birth control and sometimes for emergency contraception. It is a small ‘T-shaped’ plastic and copper device which constantly releases a small amount of copper into the uterus to interfere with the pregnancy. 

As far as the Loop/Intra-Uterine Contraception Devices (IUCD) are concerned, there are two possible outcomes:

1. It may prevent fertilization by destroying the sperm and the ovum prior to their interaction and conception/fertilization.

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. 

The first scenario where the loop acts as a preventative measure against fertilization can be likened to “azl” (coitus interruptus). In the second scenario however, the rules of “azl” cannot apply because in this case it is not only a preventative measure, but it expels the fertilized ovum from the uterus after conception. Therefore, it acts as a device to effect a “mini abortion”. Hence, the rules of abortion shall apply, i.e. it will be completely prohibited. As the second outcome (mentioned in #2 above) is a likely possibility, where a “mini abortion” takes place (and you have also alluded to this in your query by stating that it could abort the foetus), it would not be permissible to utilize this device. 

The IUCD devices are also known to throw the menstrual cycle of most women into a haphazard pattern due to which it becomes exceedingly difficult to discern when they are pure for Salaah or not. Also, the application of such a device will require the exposing of one’s awrah (satar) to the doctor. Remember that this is only permissible in dire circumstances, even though it is done in front of a female doctor. 

CONTRACEPTION IN ISLAM

When there is some valid reason for a woman to practice contraception, the advisable method of contraception (in cases of necessity) would be that the woman monitors her ovulating days of the month and avoid having intercourse on those days or opt for the coitus interruptus method (‘Azl) of intercourse so that emission of semen takes place outside of the vagina. Alternatively, one could opt for usage of the condom. We advise the usage of either of these two methods because they have no side effects, which are commonly found in other means of contraception.

[Partially derived from Darul Iftaa archives] 

At the same time, one should also remember that according to Islamic ruling, it is not permissible to use temporary contraceptives (such as the condom) without any valid reason. In fact, one of the purposes of marriage in Islam is procreation and to reproduce in large numbers in order to increase in large numbers the size of the Ummah of our beloved Nabi (Sallallahu ‘Alaihi Wa Sallam). Allah Ta’aala said in the Quran: 

فَٱلۡـَٰٔنَ بَٰشِرُوهُنَّ وَٱبۡتَغُواْ مَا كَتَبَ ٱللَّهُ لَكُمۡۚ

“So now hold intercourse with your wives and seek (the children) what Allah has ordained for you.” (Surah al-Baqarah, V: 187)

It is mentioned in a Hadith recorded by Abu Dawud, Nasa’i and other Hadith books that Nabi (Sallallahu ‘Alaihi Wa Sallam) has said: 

تَزَوَّجُوا ‌الْوَلُودَ الْوَدُودَ، فَإِنِّي مُكَاثِرٌ بِكُمْ

“Marry women who are loving and reproduce in abundance, for I shall outnumber the other nations by you.”

According to our Fuqahaa, reversible temporary method of contraception is only permissible with the permission of the wife and under some valid Shar’ee reasons like: 

·       Poor physical state of the woman which can cause health risks to both mother and baby (according to the opinion of a reliable Muslim doctor).

·       The life of the mother is endangered with the pregnancy (the weight of the foetus would severely affect her life and well-being)

·       Repeated pregnancies which are going to weaken the mother’s body and lead to serious illness.

·       If another pregnancy would seriously affect the care and upbringing of the existing child (by not being able to breastfeed him correctly for example)

·       Relations between husband and wife are unstable and divorce seems imminent.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

  العزل ليس بمكروه برضا امرأته الحرة أو برضا مولى امرأته الأمة وفي الأمة المملوكة بغير رضاها (الفتاوى الهندية 1/335)

وَيُكْرَهُ لِلزَّوْجِ أَنْ يَعْزِلَ عَنْ امْرَأَتِهِ الْحُرَّةِ بِغَيْرِ رِضَاهَا ؛ لِأَنَّ الْوَطْءَ عَنْ إنْزَالٍ سَبَبٌ لِحُصُولِ الْوَلَدِ ، وَلَهَا فِي الْوَلَدِ حَقٌّ ، وَبِالْعَزْلِ يَفُوتُ الْوَلَدُ ، فَكَأَنَّهُ سَبَبًا لِفَوَاتِ حَقِّهَا ، وَإِنْ كَانَ الْعَزْلُ بِرِضَاهَا لَا يُكْرَهُ ؛ لِأَنَّهَا رَضِيَتْ بِفَوَاتِ حَقِّهَا ، وَلِمَا رُوِيَ عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ قَالَ : { اعْزِلُوهُنَّ أَوْ لَا تَعْزِلُوهُنَّ إنَّ اللَّهَ تَعَالَى إذَا أَرَادَ خَلْقَ نَسَمَةٍ ، فَهُوَ خَالِقُهَا } إلَّا أَنَّ الْعَزْلَ حَالَ عَدَمِ الرِّضَا صَارَ مَخْصُوصًا اهـ

 

This answer was collected from the official Ifta website of Darul Uloom Azaadville, South Africa. Most of the answers are checked and approved by Mufti Muhammed Saeed Motara Saheb D.B.

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