DIFFERENCES OF OPINIONS AMONG THE FOUR SUNNI SCHOOLS OF ISLAMIC JURISPRUDENCE ON FAMILY PLANNING

Abstract

This paper explores the differences of views and opinion among the four Sunni schools of Islamic thought as to what constitute a family planning, its legality and its acceptability in Islam. Right from inception, the Islamic schools of jurisprudence have shown a great deal of concern and attention to the issue of family planning in general and the use of contraception in particular. The schools have attentively documented the views and opinions of their prominent jurists on family planning and the areas of differences and agreements among them. The consensus opinions among the schools as to the legality of family planning and its justification as lawful means of birth control in Islam, is overwhelmingly manifested through their regular Fatwa (legal reasoning) with few disagreements. On the justification of family planning as reproductive right of a Muslim woman, going by the theological arguments of the four Sunni schools, this work has never come across major differences among the four schools as far as the basic principles of Islamic law are maintained. The legality with regard to family planning through the use of contraceptives as justified method of birth control are common decision of all the Sunni schools of Islamic jurisprudence, with very slight degree of differences among the schools. Nevertheless, these differences should be avoided when more serious circumstances warrant the adoption of contraceptive devices and its subsequent use. The Prophet Muhammad, (PBUH) says ‘differences of opinion among my people is a form of blessing.’ It is through this blessing; Muslims nowadays have inherited a comprehensive juristic idea that provide guidance in every activities of human endeavour. Jurists and leaders around the Muslim world have settled that, family planning is allowed in Islam within the context of lawful marriage and go against the practice of permanent and irreversible family planning method without a genuine medical justification.