JUSTIFYING THE PERMISSIBILITY OF MODERN FAMILY PLANNING FOR MUSLIM PATIENTS: A JURISPRUDENTIAL ANALYSIS

Abstract

Wrong misconception regarding permissibility of the modern family planing for Muslim 
patients is common in Muslim societies. This resulted into negative perception to the modern 
family planning practice by contraception. This is further aggravated by divergent opinions of 
scholars breeding controversy on this subject. This prompts this study to embark on the 
justification of the permissibility of the modern family planing for Muslim patients via 
jurisprudential analysis. The study adopts doctrinal method to analyse various provisions of 
the Qur’an and Sunnah as well as juristic opinion about contraception under Islamic law. The 
study asserts that the practice of family planning is age-long, pre-dating Islamic era. It 
contends that Islamic legislation does not condemn the contraceptive practices but modified
it. The study finds that the issue of contraception split scholars of Islamic jurisprudence into 
two: the antagonists and the protagonists. The study finds that both sides of the antagonists
and the protagonists relied on the provisions from the sources of law to strengthening their 
arguments. The study finds that the position of the protagonists of the contraceptive method 
of family planning is in line with the objectives of Islamic law. The study finds that there is 
justification for the permissibility of the modern contraception for Muslim patients in line 
with maqasid Shari‘ah. The study recommends that Muslim patients have the duty to ascertain which type of contraceptive method is safe and devoid of risk from the medical 
experts while exercising their right to contraception.