I live with a very violent and tempremental husband.I have four children from him and unfortunately he does on many occassions physically and verbally abuse us. I am now at the age of 40 and with all my children have suffered with poor health during my pregnancies as well as having been physically beaten. My husband is always threatening me with divorce at every small disagreement as well as insisting that i have another child. Is it permissible for me to use contraception without my husbands consent in such a case where my dr has also advised me against any further pregnacy due to my health and also in light of the violence that my children and i live with (he has on 2 occassions threatened me with a knife). My husband refuses to acknowledge my medical health even though i was on drip in hosital every two days during my last pregnancy and was also using a walking stick due to problems with my hip bones. Please advise.<\/p>","answer":"
It should be noted that the basic principle is that each spouse has the right to have children, so the husband does not have the right to engage in coitus interruptus (‘azl) without his wife’s permission, and the wife does not have the right to use any means of contraception without his permission. See: al-Mawsoo‘ah al-Fiqhiyyah<\/em>, 3\/156. <\/p>\r\n Ibn Nujaym al-Hanafi said: <\/p>\r\n The woman’s blocking her womb, as women do to prevent having children, is haraam without the permission of the husband, by analogy with the ruling on his engaging in coitus interruptus (‘azl) without her permission.<\/p>\r\n End quote from al-Bahr al-Raa’iq<\/em>, 3\/215. <\/p>\r\n Al-Bahooti al-Hanbali said:<\/p>\r\n Al-Qaadi said: It is not permissible except with the permission of the husband, because he has the right to have children.<\/p>\r\n End quote from Kashshaaf al-Qinaa‘<\/em>, 2\/96. <\/p>\r\n But if there is an obvious reason for the wife not to have children, such as if becoming pregnant will obviously cause her harm according to the testimony of trustworthy doctors, then in this case the husband’s right for her to ask his permission is waived, because the interest of preserving the woman’s health takes precedence over the interest of the husband having children. <\/p>\r\n The Prophet (blessings and peace of Allah be upon him) said: “There should be neither harming nor reciprocating harm.” Narrated by Ibn Maajah, 2340; classed as hasan by al-Nawawi in al-Adhkaar<\/em>, p. 502 <\/p>\r\n