Is It Permissible to Use Birth Control Temporarily Due to Marital Problems?

Question: I am currently going through marital problems , we are seeking help through a councillor, however, divorce might be an option here . I have one child with him. Is it permissible to take contraceptive pills to prevent pregnancy? Atleast untill I know we stand in our marriage ?

Summary:

The basic principle is that having children is something encouraged in the Shariah, and contraceptives should not be used without a need. As for temporarily preventing pregnancy, the scholars have permitted this when there is a legitimate need, provided that it does not cause harm and that it is done with the agreement of both spouses, because each of them has a right to have children. The scholars have stated: “If there is a need for that, it does not result in harm, and it is done with the consent of both spouses, then there is no problem with it.” However, the scholars have prohibited using contraceptives merely so that a woman can first ascertain her husband’s character, out of fear that divorce may occur and there will be a child between them. They did not consider it permissible to use contraceptives for this reason alone, unless there is another legitimate Shariah reason or recognized need.

Answer:

Firstly: Evidence from Sunnah.

From the Sunnah:

Sahih Bukhari and MuslimIt is authentically reported from Jabir رضي الله عنه that he said:
“We used to practice azl during the lifetime of the Messenger of Allah ﷺ while the Quran was being revealed.”
The scholars used this as evidence for the basic permissibility of temporarily preventing pregnancy in certain circumstances, as opposed to permanently preventing offspring without a necessity.

From the Scholars:

Shaykh Ibn Uthaymeen رحمه الله, in the fatwa “The Ruling on Family Planning for Relief From the Hardship of Pregnancy,”:
He explained that each spouse has a right to have children. Therefore, a woman should not use contraception without her husband’s consent, just as the husband cannot unilaterally deprive her of her right to have children.
Fatwa by Shaykh Ibn Baz رحمه الله entitled “The Ruling on Using Contraceptives Until a Woman Is Reassured About Her Husband’s Character,”
It closely resembles the question being asked here. He was asked about a wife who uses contraception after marriage until she comes to know her husband’s conduct. If he is righteous, she stops using it, and if he is otherwise, she continues using it until divorce, in order to avoid having a child between them. He رحمه الله said: “Using the pills for this purpose, I do not know of any basis for it, and what is prescribed is to refrain from doing so.”
He then made an exception where there is a legitimate reason, such as illness or fear of harm.

Accordingly, if the only reason is, “We may get divorced, so I do not want to become pregnant until I know whether the marriage will continue,” then according to the view chosen by Shaykh Ibn Baz, this reason alone does not justify using birth control pills. However, if the marital problems have resulted in another legitimate need or actual harm, then the matter of necessity and need is broader.

From the Scholars:

Shaykh Ibn Baz stated in a general fatwa entitled “The Ruling on Temporarily Taking Birth Control Pills”:
“If there is a need for that, it does not result in harm, and it is done with the consent of both spouses, then there is no problem with it.

The Husband’s Permission Is Important. As long as the marriage contract remains in effect, the basic principle is that a woman should not secretly take contraceptives without her husband’s consent, because having children is a shared right between them.

From the Scholars:

Shaykh Ibn Baz said in the fatwa “Taking Birth Control Pills Without the Husband’s Permission”:
“Pregnancy is a shared matter between the two of you.”
He also mentioned that the matter should be based on mutual agreement and consultation.
Likewise, Shaykh Ibn Uthaymeen رحمه الله stated in the fatwa “Using Birth Control Pills With and Without the Husband’s Consent”
He mentioned that it is not permissible for a woman to use birth control pills without her husband’s consent, because the husband has a right to have children. He permitted their use with his permission when there is a need.

Conclusion: The mere existence of marital problems and the possibility of divorce does not automatically make the use of birth control pills permissible. Rather, Shaykh Ibn Baz was asked about a situation very similar to this one and did not consider their use permissible merely for the purpose of waiting to see what will happen with the marriage. However, if there is a legitimate need or harm that requires delaying pregnancy for a limited period, then there is no problem with temporarily preventing pregnancy when the relevant conditions are fulfilled: it must be temporary, it must not be medically harmful, and it must be done with the mutual agreement of both spouses. In the situation mentioned, it is more appropriate for the wife to continue seeking reconciliation and family counseling and not to secretly use contraception merely because of the possibility of divorce. If there are other legitimate reasons that would make pregnancy at this time involve harm or unusual hardship, then the ruling would differ according to those circumstances.

And Allah knows best.

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Is It Permissible to Use Birth Control Temporarily Due to Marital Problems?

Summary:

From the Sunnah:

From the Scholars:

From the Scholars:

From the Scholars:

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