LEGAL FRAMEWORK FOR FAMILY PLANNING AS REPRODUCTIVE HEALTH AND WOMEN’S RIGHT UNDER ISLAMIC JURISPRUDENCE

Abstract

This paper examines the legal framework for family planning as a reproductive health and women’s rights under Islamic jurisprudence. It explores the permissibility of family planning in Islam, addressing the concerns about contraceptive use as women’s reproductive rights. Islamic family law is based on the teaching of the Holy Quran and Sunnah of the Prophet Muhammad (PBUH) which are the first sources of Islamic law provides for legal framework for the concept of family planning and use of contraceptive to avoid pregnancy on health and economic reasons. Although The Holy Quran does not directly address the legality of family planning but implies its permissibility in ch.2:233 supporting birth spacing to ensure the health and well-being of both the mother and the child are protected. The first Hadith related to family planning or "Al-azl" (coitus interruptus) was reported by Jabir Ibn Abdallah, in which he demonstrated the Prophet Muhammad's (PBUH) allowed the use of contraceptives to avoid pregnancy under definite conditions. However, the Islamic principles such as Ijmaa (consensus), Qiyas (analogical deductions) and Ijtihad (juristic reasoning) which termed as secondary sources of Islamic law offers an additional legal framework through which the concept should became legitimate. Islamic scholars and jurists such as Al-Ghazali, and Omran argued that contraceptives use is acceptable when used for health reasons and it does not contradict Islamic values. They recognized family planning as a women’s reproductive right in Islam, aligning with global institutions like WHO, UN, and CEDAW. These bodies affirmed the right of women to access reproductive health services, including family planning which complements Islamic principles of responsible parenting and health protection. However, some Islamic jurists such as Abu Al-maudoudi opposed to the concept and saying that it was a modern form of suicidal act. culture and traditions are identified as barriers which hindered the common acceptability of family planning and contraceptive use by intended couples. Islamic law offers a flexible and evolving approach to reproductive health by integrating Islamic teachings with contemporary health needs. In Islam the concept of Family planning and use of contraceptives are recognized as rights that promotes the reproductive well-being of the mother and the harmonious upbringing of the incoming child.