JUSTIFYING THE PERMISSIBILITY OF MODERN FAMILY PLANNING FOR MUSLIM PATIENTS: A JURISPRUDENTIAL ANALYSIS
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Date
2025-12-30
Journal Title
Journal ISSN
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Publisher
Faculty of Law, International University of Sarajevo, Bosnia and Herzegovina
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.
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Citation
IUS Law Journal