Summary of Feqh - Section 3: Rulings pertaining to marriage consummation (intercourse) and pregnancy

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Section 3: Rulings pertaining to marriage consummation (intercourse) and pregnancy

First: Rulings pertaining to intercourse:
1. Having intercourse with the wife after conducting the marriage contract and before the wedding ceremony:

It is permissible for the man to have intercourse with his wife after conducting the marriage contract and before making the marriage known to people. However, refraining from doing is more befitting and is the best. [120] This may lead to serious consequences like accusing the woman of adultery if she gets pregnant from this copulation, especially in the event of where divorce takes place, or the husband dies. Not to mention, he might even start avoiding her after achieving his goal from her and delaying the official marriage consummation and disregarding the feeling of the wife’s family and going against the norms of people and customs. It is possible that separation may occur before the wedding ceremony, and as a result certain rulings will apply to the bride price. This is the view of Ibn Baaz, Ibn ‘Uthaymeen and the fatwa of the Permanent Committee.

2. Ruling of having intercourse with a menstruating wife and being intimate with her:
a) If the wife is menstruating: The scholars are in consensus that it is forbidden to have intercourse with the wife while she is menstruating. This consensus is transmitted by al-Tabaree, Ibn al-Munthir, Ibn Hazm, Ibn Rushd, Ibn Qudaamah, Al-Qurtubee, An-Nawawee and Ibn Taymiyyah.
b) Enjoying the wife’s body parts that are above the navel and below the knee: The scholars are in consensus that it is permissible to be intimate with one’s menstruating wife by kissing, touching, and embracing her body parts that are above the naval and below the knee. The consensus is transmitted by Ibn Jareer Al-Tabaree, Ibn Qudaamah and Al-Nawawee, and Ibn Rajab reported the consensus of scholars on this ruling from many of the scholars.
c) Enjoying the lower part of the body of menstruating wife or while she experiences postnatal bleeding: It is permissible for the man to directly or indirectly sexually enjoy, without penetration, the lower part of the body of his wife who experiences menstruation or postnatal bleeding. This is the view of the Hanbali Madhab and the view of the Dhahiri scholars, Muhammad Al-Hassan and al-Tahaawee from the Hanafi scholars, one of the views within the Maliki Madhab and one of the views within the Shafi’i Madhab, which al-Nawawee deemed it to be the most preponderant view. It is also the opinion of a group of righteous predecessors, Ibn al-Munthir and Ibn ‘Uthaymeen and the Permanent Committee.
3. The expiation prescribed for having intercourse with a menstruating woman:

The majority of scholars hold the view that there is no particular expiation for having intercourse with a wife during her period and that he is required to repent and seek Allah’s forgiveness. This is the view of the Hanafi and Maliki Madhab, and it is the more likely the correct view in the Shafi’i Madhab and one of the views transmitted from Imam Ahmad. It is the view of the Dhahiri scholars and the majority of the righteous predecessors.
4. Ruling on having intercourse with a wife whose menstruating blood has ceased before taking her ritual bath: The majority of scholars hold the view that it is forbidden to have intercourse with a wife before she becomes pure and takes the ritual bath required to become pure. This is the view of the Maliki Shafi’i and Hanbali Madhabs. It is said that this is a matter of consensus between scholars. [121] According to the Hanafi Madhab, if her days are ten, then it is permissible for him to have intercourse with her before taking the ritual bath after the end of the ten days.
5. Postnatal bleeding:

The scholars are in consensus that the rulings pertaining to the woman who experiences postnatal bleeding are the same as those applying to the menstruating woman. As such, all that which is made forbidden on the menstruating woman is also forbidden on the woman who experiences postnatal bleeding. The consensus is transmitted by Ibn Jareer al-Tabaree and Ibn Hazm, who exempted the tawaf from the acts that were not allowed to be performed by her, Ibn Rushd, Ibn Qudaamah and al-Shawkaanee.
6. Anal sex:

The four Madhabs agree that it is forbidden to have anal sex with women.
7. Coitus interruptus: [122] In this method, the man, during sexual intercourse, withdraws his penis from a woman's vagina prior to ejaculation and then directs his ejaculate (semen) away from the vagina in an effort to avoid insemination.
The majority of scholars hold the view that it is not permissible for a man to withdraw during intercourse except with her permission. This is the view of the Hanafi, Maliki, and Hanbali Madhabs and one of the views within the Shafi’i Madhab. It is said that this ruling is a matter of consensus among scholars.

Second: Rulings on pregnancy
1. Birth Control:
a) Permanent birth control: It is not allowed to use permanent birth control [123] Irrespective of the method used, be it using an intrauterine coil, caps, contraceptive implant, and so on. except for dare need and necessity. This is the official resolution issued by the Islamic Fiqh Council, working under the umbrella of the Muslim World League, and the International Islamic Fiqh Academy, working under the umbrella of the Organisation of Islamic Cooperation. It is the official verdict issued by the Permanent Committee, and it is the view of Ibn Baaz and Ibn ‘Uthaymeen.
b) Temporary birth control (family planning): It is permissible to use temporary birth controls [124] Irrespective of the method, be it by pills, hormonal IUD, and so on. when there is a need that is deemed valid in religion. This is the official resolution issued by the Islamic Fiqh Council, working under the umbrella of the Muslim World League, and the International Islamic Fiqh Academy, working under the umbrella of the Organisation of Islamic Cooperation. It is the official verdict issued by the Permanent Committee, and it is the view of Ibn Baaz and Ibn ‘Uthaymeen.
2. Abortion:
a) Before the soul is breathed into the foetus: The majority of scholars hold the view that it is permissible to abort the pregnancy before the soul is breathed into the foetus. [125] It is best not to abort it except if there is real interest in doing so. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs.
b) After the soul is breathed into the foetus: The four Madhabs agree [126] The Maliki Madhab does not allow it even if it takes place before the forty days. As for the Shafi’i Madhab, it is not permissible if the foetus is one hundred and twenty days old. The Hanbali Madhab does not allow it if the foetus is more than forty days old. that it is forbidden to abort the pregnancy after the soul has been breathed into the foetus.