Home

ISLAMIC MEDICAL EDUCATION RESOURCES 04

0011-REPRODUCTION, (IZDIYAAD) (Part II)

Lecture for 3rd year medical students on 18th November 2000 by Professor Omar Hasan Kasule Sr.

4.0 DELIVERY, wadhau al haml

A. BIRTHING PROCESS

BIRTH IN THE QUR’AN

The Qur’an mentioned childbirth, wilaadat (p. 1318 3:36, 11:72, 19:15, 19:33, 22:3, 35:11, 41:47, 46:15, 58:2, 65:4, 65:6, 71:27, 90:3)

 

THE PHYSIOLOGY OF PARTURITION

Studies in sheep have shown that the mature fetus provides the initial stimulus for parturition by secreting cortisol, which acts on the placenta to decrease progesterone secretion, increase estrogen and prostaglandin secretion. This causes cervical ripening and results into parturition. These findings have not been confirmed in humans.

 

B. TAHARAT DURING LABOR and DELIVERY

Is the show of labor considered blood? Does it invalidate wudhu? Bleeding during delivery and wudhu

 

C. IBADAT DURING LABOR and DELIVERY

Salat: Salat is not physically possible in the advanced stages of labor and immediately after delivery

 

Siyaam: fasting in labor is not recommended.

 

Hajj: Physical activities of hajj are not recommended in advanced pregnancy

 

D. POST-PARTUM BLEEDING, nifaas

MINIMUM and MAXIMUM PERIODS OF POST-NATAL BLEEDING

PHYSICAL IBADAT

Salat: Women in post-natal bleeding are excused from salat like those in menstruation

 

Siyaam: Post-natal mothers are excused from fasting but they have to make up later

 

Hajj: The rules pertaining to menstruation apply to post-natal bleeding

 

Qur'an: touching the Qur’an is forbidden

 

COITUS

Sexual intercourse is forbidden

DIVORCE

Divorce of a woman in the post-partum period is prohibited

 

E. THE NEWBORN

CRYING OF THE NEWBORN

The books of sunnat have given reasons for the crying of the baby at birth (KS 575: Bukhari K65 S3 B2; Muslim K43 H148; Ahmad 2:233, 368). Every new born is touched by the shaitan, mass al shaitan 'inda al wilaadat (KS 575: Bukhari K60 B44; Bukhari K65 S3 B2; Muslim  K43 H146-147; Ahmad 2:233, 274, 288, 292, 319, 368, 523).

 

RIGHTS OF THE FETUS

Right to life

Right of inheritance

 

RIGHTS OF THE NEW BORN

Choice of a good name

General health care and nutrition

 

RIGHTS OF THE MOTHER

Health care and nutrition

Shelter

Payment for breast-feeding if divorced

 

WHAT IS DONE FOR THE NEWBORN

Adhan and iqamat at birth

 

Naming, tasmiyat: choice of a good name

 

Circumcision, khitaan

 

Shaving the hair, halq al sha’r

 

'Aqiiqah:

 

5.0 BREAST-FEEDING, ridha’a

A. CONTROL OF LACTATION

Onset, continuation, and end of lactation are under endocrine & neural control, neuro-humoral. It can be affected by the psychological state of the mother. Drugs can also affect lactation so care must be taken in any prescriptions for the mother. Some drugs suppress lactation as a side effect. Some drugs may be taken with the deliberate purpose of suppressing lactation. Drugs given to the mother can be excreted in breast milk and can affect the baby.

 

B. PERIOD OF BREAST-FEEDING

The Qur'an set the statutory period of breast-feeding as 2 full years, muddat al ridha'a (p 511 2:233, 31:14, 46:15). No maximum period was set.

 

C. PAYMENT FOR BREAST FEEDING

The father has to give financial compensation to a divorced wife who is breast-feeding his child (p 511 65:6)

 

D. FOSTER BREAST FEEDING

LEGAL RELATIONS BASED ON BREAST-FEEDING

Breast-feeding is not merely nutrition. Unlike blood transfusion or organ donation, it involves a more intimate biological and psychological interaction between the infant and the lactating woman. Breast-feeding of a child not issued from the mother automatically creates a legal relation that in the regard of the Law is no different from that that of a son or a daughter. The relation encompasses the wet nurse, the children of the wet nurse, and the husband of the wet nurse. The conditions set by the Law for this relation to hold are: the wet nurse must be a female at least 9 years of age, the baby suckled must be less than 2 years old, suckling must be from the breast and not milk expressed in a container, and at least 5 separate breast feeding sessions must be held. The legal relationship thus established leads to marital restrictions between foster brothers and foster sisters (p 511 4:23). If there is doubt whether an infant breast-fed or not, we rule that it did not breast-feed because the maxim of the law is certainty cannot be voided by doubt, al yaqiin la yazuul bi al shakk. Doubts about breast-feeding could arise in situations in which the baby was out to the breast 5 times but it is not known whether he actually suckled or not.

 

MILK BANKS

On the basis of necessity, dharurat, the Law permits collecting milk from several lactating mothers in a milk bank and using it to feed premature babies or those who have no natural mothers. This does not create legal relations based on ridha’at because the babies did not feed from the breast directly. It is recommended that records be kept of names of donors to the bank and names of babies who fed from the bank.

 

E. ACITIVITIES DURING BREAST FEEDING

PHYSICAL ACTS OF IBADAT

Salat: a nursing mother is allowed to combine 2 prayers

 

Siyaam: A nursing mother may not fast and make up later

 

OTHER ACTIVITIES

Suckling while pregnant: Is allowed

 

Intercourse with suckling woman, al ghayla, is allowed

 

Work and maternity leave for lactating woman: New ijtihad is needed on the minimum period of maternal leave since the Qur’an sets a limit of 2 years.

 

DISCUSSIONS ON REPRODUCTION

MENSTRUATION

Marriage before menarche

Medical complications of coitus in menstruation

Hysterectomy before menarche

Ovariectomy before menarche

Teaching Qur’an while in menstruation

Physiological distress of menstruation

Psychological distress of menstruation

Reason for making up salat and not saum if missed during menstruation

Hormonal menstrual regulation

Criteria for decision that menstruation has stopped in order to bathe and pray

Physiological explanation of the manifestations of the pre-menstrual syndrome

Pre-menstrual syndrome and marital disputes

Pre-menstrual syndrome as legal defence in criminal acts

Salat with pre-menstrual syndrome

Saum with pre-menstrual syndrome

Menopausal mood and mental changes causing marital discord

Menopausal or post menopausal syndrome as legal defence in criminal cases

Artificial menopause, surgical or medical

Pros and cons of using estrogen replacement therapy

Legal rulings on menorrhaghia

Legal rulings on metrorrhaghia

Legal rulings on dysmenorrhoea

 

HUMAN SEXUALITY

Gender identity

Gender awareness

Legal rulings on trans-sexuality

Legal rulings on sexual abstinence, rahbaniyyat

Sexual attraction: visual, chemical, aural

Use of cosmetics to hide natural defects

Use of defects to enhance appearance

Rulings on the use of perfumes

Rulings on cosmetic surgery

Rulings on male circumcision

Rulings on female circumcision

Problems due to discord between biological and mental maturity

Teenage sexual abstinence

Penalty for non-coital adultery

Definition of female shyness in relation to sexual hygiene

Definition and rulings on awrat

Rulings on khalwat in the car, the office, by telephone, by internet

Rulings on mixing, ikhtilaat, at the work-place, public transportation, hospital, class room

Rulings on what constitutes tabarruj

Rulings on spouse withholding sexual priviledges

Rulings on maharim

 

CONTRACEPTION

Population control as national policy

Permissible contraception

Haram contraception

Rulings on male methods of contraception

Rulings on female methods of contraception

Disagreement between husband and wife on contraception

 

PREGNANCY

Legal rulings on the minimum and maximum durations of pregnancy

Determination of date of conception in disputes about parenthood

Determination of the date of conception in disputes about zina accusations

Salat and saum in first trimester pregnancy complications

Saum in early pregnancy

Hajj in late pregnancy

Salat and saum in post abortal period

Rights of the fetus to property and inheritance

Rights of the mother

Rulings about naming a newborn

Rulings about aqiiqat for the new born

 

BREAST FEEDING

Rulings on the period of lactation/breast feeding

Is refusal to breast feed a form of child abuse?

Rulings on payment for breast feeding

Salat for nursing mother

Saum for nursing mother

Professor Omar Hasan Kasule, Sr. November 2000