Question
I received a question in regards to Vasectomies and whether they are permissible. I looked through some Fatwa books and websites and found that it is mentioned as impermissible due to the procedure being deemed a permanent form of contraception.
Recently, the procedure for Vasectomies have become much simpler and is considered an outpatient procedure and is done in a clinic in 30 mins. The reversal has also become much easier to access with a 90/95% success rate. The procedure would take 3/4 hours and is considered a microsurgery and the patient would return home the same day.
I deal with a number of women who go through issues with IUDs, birth control pills and all other options available to women. They go through hormonal difficulties as well as spotting which leads to a lot of difficulty in determining their periods and Salah. I also have found many dealing with fertility issues after using certain forms of these methods.
Unfortunately, condoms and Azal have also not been a very effective method and I find most of the women that I recommend this to approaching me looking for a more reliable form of birth control.
Has there been any more recent Fatwas on Vasectomies and would the fact that a reversal is quite accessible make this a permissible form of contraception?
https://stanfordhealthcare.org/medical-treatments/v/vasectomy-reversal.html#:~:text=The%20effectiveness%20of%20a%20vasectomy,(65%2D70%20percent).
Answer
Undergoing a vasectomy for the purpose of contraception is not permissible for a few reasons. Firstly, it is an invasive procedure which alters the natural state of the human body. This is not permissible unless it is for a valid reason such as correcting a bodily defect or some other medical treatment. As there are other more non-invasive methods of contraception that do not permanently alter the natural state of the body, one would need to opt for these alternative methods.
Secondly, the procedure makes a permanent, irreversible change to the body. Even if technically the procedure could be reversed, experts mention there is a significant chance that the reversal would be unsuccessful. If a reversal is carried out within 10 years of the vasectomy, the success rate is about 55%. This falls to 25% if the reversal is carried out more than 10 years after the vasectomy. It is also very unlikely that an individual would opt for a reversal since they would have opted for vasectomy because they no longer want to have children and this is unlikely to change. Also, a vasectomy is so much more accessible as it only takes about 20 minutes to perform, but a reversal procedure ranges from 2-5 hours. More importantly a vasectomy costs less than $1,000 in the US and is usually covered by insurance, whilst a reversal can cost between $5,000 and $12,000 and isn’t typically covered by insurance. In most parts of the UK, a vasectomy is available free of charge from the NHS, whilst a reversal is not available on the NHS and the operation is expensive if done privately.
The third issue is that vasectomy aims to sterilise the husband whereas there is no threat to his life. Hence, even if pregnancy would be life threatening for a woman, it would have to be her that undergoes a procedure such a tubal ligation and not the husband.
With all of this in mind, any form of contraception that is permanent and invasive would not be allowed, whereas non-invasive temporary forms of contraception would be permissible. If some methods have side effects, then those methods which do not have side effects should be adopted such as the use of a condom. If used correctly it are very effective in preventing pregnancy.
If despite trying the above, someone falls pregnant then they should embrace that as the decree of Allah the Almighty and understand that Allah the Almighty wishes to bless them with a child that will bring immense blessings into their lives. However, if giving birth is life threatening for her then she may present her case to a Mufti asking if she is allowed to have an abortion. Due to all of these options being available, we would not judge vasectomy to be a permissible form of contraception.
If the situation of a particular sister is such that falling pregnant could be life threatening for her then there maybe scope for her to undergo a procedure such as tubal ligation. However, this would need to be judged on a case-by-case basis through the consultation of medical experts and scholars.
الفتاوى الهندية (5/ 360)
لَا بَأْسَ بِقَطْعِ الْعُضْوِ إنْ وَقَعَتْ فِيهِ الْآكِلَةُ لِئَلَّا تَسْرِيَ كَذَا فِي السِّرَاجِيَّةِ
لَا بَأْسَ بِقَطْعِ الْيَدِ مِنْ الْآكِلَةِ وَشَقِّ الْبَطْنِ لِمَا فِيهِ كَذَا فِي الْمُلْتَقَطِ
Answered by:
Ifta Research Fellow
Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel