بسم الله الرحمن الرحيم
بسم الله الرحمن الرحيم
Series of Questions Addressed to Scholar Sheikh Ata Bin Khalil Abu Al-Rashtah,
Ameer of Hizb ut Tahrir through his Fiqhi Facebook Page
Answer to the Question
Regarding Man's View of the Procreation Instinct
To: Faisal Kazmi
As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu
In The Social System in Islam book on page 16 (Arabic edition, 1424 AH-2004 CE), (p.17 English edition) the 1424 AH - 2003 CE edition, it states the following:
"The purpose of its existence is to produce offspring for the survival of the species. Therefore, Man's view of this instinct must be orientated towards the purpose for which it is found in him, and that is undoubtedly the survival of the species without distinction between men or women."
And it states on page 148 (Arabic edition), (p. 240 English edition):
"'Azl (Coitus Interruptus) is absolutely permitted whatever the intention of the one who practices it. Whether it is for the intention of not having offspring, having fewer children, or in sympathy for the wife because she is weak and it is difficult for her to bear or give birth to children, or for any other reason. The husband has the right to practice 'Azl regardless of his intention... It cannot be said that limiting offspring goes against the Prophet's (saw) encouragement to have many children when he said:«تناكحوا تناسلوا تكثروا» "Marry, have offspring and multiply", This is not true because permitting 'Azl does not contradict the encouragement to have many children. On the one hand, there is exhortation to have a lot of offspring, and on the other, there is a permission to practice 'Azl."
The question is that the permission of the intention of enjoyment or not having offspring contradicts the survival of the species, which is the purpose that the instinct was founded for. How can we reconcile between our statement: "Therefore, Man's view of this instinct must be orientated towards the purpose for which it is found in him, and that is undoubtedly the survival of the species" and our statement: "'Azl is absolutely permitted whatever the intention of the one who practices it"? In other words; is it permissible for someone not to fulfill the purpose that the instinct was founded for, for example to perform ‘Azl? May Allah (swt) reward you.
The inquirer: Muhib Ar-Rasool-Lahore, Pakistan.
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
For your information, what you have quoted is from pages 17 and 161 of the new edition (Arabic version) [pages 17 and 240 (English version)]
What is meant by making man's view of this instinct orientated towards the purpose for which it is founded, and that is the survival of the species is to limit the satisfaction of this instinct between a male and a female to marital life or what his right hand possesses; because marital life can only take place between a male and female, and it is what constitutes the proper context for the existence of offspring and children and to be looked after by their parents to preserve their lineage... this is contrary to making the view of the instinct focused on pleasure and enjoyment, because this means letting the instinct loose for man to satisfy freely as he wishes, so man can satisfy it with a man and a woman satisfies it with a woman, a person can satisfy it with an animal, or a man can satisfy it with a woman outside marital life.
As is the case now in Western countries where their view focuses on pleasure and enjoyment; this led to the widespread of homosexuality in all forms, and wife swap, fornication and vice, and sexual relationship with animals.
And all of this does not take in consideration the purpose of the creation of the instinct which is the survival of the species in the correct context. This is the meaning of not focusing the view of the instinct on the pleasure and enjoyment but on the purpose for which it is founded for, and that is undoubtedly the survival of the species.
As for ‘Azl, it is another matter, in Shariah ‘Azl is in this correct context because it is in the context of marital life or what the right hand possesses. ‘Azl is related to approaching the wife (for intercourse) and not with the purpose of the instinct. Approaching the wife is not necessary for the purpose of having offspring; when approaching the wife during her pregnancy the purpose is not to have children, and when the wife is in menopause approaching her is not for the purpose of having offspring, similarly approaching the wife who is sterile and cannot give birth.
The reality of all this is similar to ‘Azl in terms of not producing offspring, therefore there is no contradiction between the permission of ‘Azl and the saying that the instinct should be focused on the purpose for which it is founded, and that is the survival of the species because this is achieved through marriage even if ‘Azl is practiced.
This from one hand and on the other, many Ahadeeth have been narrated allowing ‘Azl including:
Narrated by Ahmad, Muslim and Abu Dawud on the authority of Jabir bin Abdullah,
أخرج ابن حبان في صحيحه عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ أَنَّ رَجُلًا مِنَ الْأَنْصَارِ جَاءَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ: إِنَّ عِنْدِي جَارِيَةً وَأَنَا أَعْزِلُ عَنْهَا فَقَالَ صلى الله عليه و سلم : «إِنَّهُ سَيَأْتِيهَا مَا قُدِّرَ لَهَا» ثُمَّ أَتَاهُ بَعْدَ ذَلِكَ فَقَالَ: إِنَّهَا قَدْ حَمَلَتْ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم : «مَا قَدَّرَ اللَّهُ نَسَمَةً تَخْرُجُ إِلَّا هِيَ كَائِنَةٌ
"A man from the Ansar came to the Messenger of Allah (saw) and said: 'I have a slave girl who is our servant. She carries water for us. I have intercourse with her, but I do not want her to become pregnant'. He (saw) said: 'Practice 'azl, if you like. But what is decreed for her will come to her." He came to Him (saw) later and said: She became pregnant, so the Prophet (saw) said, "If Allah decreed that a breath comes out (of a child) then it will be created."
In conclusion, there is no contradiction between the statements in pages 17 and 161 (Arabic version) [pages 17 and 240 (English version)].
Ata Bin Khalil Abu Al-Rashtah
The link to the answer from the Ameer's Facebook