Home 
Contact 
Profile 
Videos 
Background information by Professor Omar Hasan Kasule Sr. for Year 2 Semester 2 PPSD Session on Wednesday 25th April 2007
1.0 BIRTHING PROCESS
The physiology of parturition especially its trigger are not fully understood. The delivery process has many risks for the mother and the infant.
2.0 INFORMED CONSENT FOR CESAREAN SECTION
The informed consent of the mother is needed for Cesarean section. There are however differences between Islamic and European law about refusal of Cesarean section by a competent mother. In European law a competent mother has a right to refuse Cesarean section even if medical evidence indicates it is necessary in the best interests of the fetus. This is because European law does not consider an unborn fetus as a separate entity from the mother. Islamic Law on the other hand considers the fetus an independent legal person who can own property and even pay taxes while still in utero. Islamic Law therefore does not give the mother absolute rights of refusal of a Cesarean section needed in fetal interests. The matter has normally to be referred to a court to make a judgment.
3.0 REQUEST FOR AN UNNECESSARY CESEREAN SECTION
Requests for Cesarean delivery that have no medical indications should be considered using the principle of injury by comparing the benefits against the risks involved. According to Islamic Law fetal interests are considered separate from maternal interests
4.0 RELIEF OF PAIN DURING LABOR
There is a false traditional belief that the pain of labor is natural and was ordained to be like that by the Creator. Pain should be relieved as much as possible. Care should be taken not to sedate the mother to the extent that she cannot meaningfully cooperate in the birthing process.
5.0 TAHARAT DURING LABOR and DELIVERY
Amniotic fluid escapes early in the birth process. It is a sterile fluid that may contain varying amounts of meconium. It is not considered najasat and does not nullify wudhu. The show contains blood and nullifies wudhu. Complete wudhu may not possible during labor. The mother can do as much as she can and perform tayammum. Ghusl/mandi wajib is recommended at the end birth. The obstetrician is not obliged to make wudhu or ghusl because of delivering a baby all what is needed is to wash blood from the clothes and the body. However wudhu is nullified by touching the vagina or the perineum during delivery.
6.0 ACTS OF WORHSIP DURING LABOR and DELIVERY
Salat is not physically possible in the advanced stages of labor and immediately after delivery. Puasa in labor is not recommended. Physical activities of hajj are not recommended in advanced pregnancy.
7.0 POST-PARTUM BLEEDING, nifaas
Any vaginal bleeding postpartum is considered nifaas. Vaginal bleeding post abortion is also considered nifaas provided the diagnosis of a prior pregnancy was confirmed. In some cases of Cesarean section in which the cervix was not opened, there is no vaginal bleeding and the mother can wash and pray immediately after birth. The majority of jurists consider 40 days and nights to be the maximum period of nifaas basing on a hadith narrated by Abudaud and Tirmidhi from Umm Salmah. Darqutni also reported from Umm Salmah that if the flow ceases before 40 days, she can wash, pray, and engage in coitus. Women in post-natal bleeding are excused from salat like those in menstruation. Post-natal mothers are excused from fasting but they have to make up later. The rules pertaining to menstruation apply to post-natal bleeding. Touching the Qur’an is forbidden. Sexual intercourse is forbidden during nifaas. Divorce of a woman in the post-partum period is prohibited
8.0 THE NEWBORN
The books of sunnat have given reasons for the crying of the baby at birth[1]. Every new born is touched by the shaitan, mass al shaitan 'inda al wilaadat[2]. The fetus has the right to life and the right of inheritance. The infant has the right to a good name as well as general health care and nutrition. The mother has 3 basic rights: health are and nutrition; shelter; and payment for breast-feeding if divorced. The following are done for the newborn: adhan and iqamat at birth, naming, tasmiyat, by choice of a good name; circumcision, shaving the hair, and aqiiqah by the 7th day. Two goats are slaughtered for a boy and 1 goat is slaughtered for a girl.
[1] Bukhari K65 S3 B2
[2] Bukhari K60 B44