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090729P - CONTRACEPTIVES FOR UNMARRIED YOUNG PERSONS

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Opinion written by Professor Omar Hasan Kasule Sr. on July 29, 2009-07-28



We cannot give contraceptives because that will make sex 'safe' and encourage youths to indulge even more. The principle of the Law that applies here is 'what leads to haram is itself haram'.

Some have used the principle that says that if benefits 'maslahat' outweigh the evil 'mafsadat' then we go ahead with an action. This principle applies to innocent actions that do not involve violation of a clear legal prohibition of zina or even getting near it.

Some have also invoked the principle that a lesser evil (contraceptives that encourage zina) should be committed to prevent a greater evil (unwanted pregnancy, illegal abortions, abandoned babies etc). Again in this situation we cannot allow contraceptives because of violation of a clear QurĂ¡nic injunction against zina and getting near it.

 What I have said so far is not a practical solution to the practical problems that you face in real life which is a stark choice between giving contraceptives and facing consenquences of unwanted pregnancy. I think that this choice cannot be made and we need to think of preventive approaches the simplest of which would be legalizing early marriage between teenagers with restrictions like staying with parents and continuing education. Such legally married teenagers can then use contraceptives to delay pregnancy until they are ready for responsibilities of parenthood.