search this site.

ETHICO-LEGAL-FIQH ISSUES IN GYNECOLOGICAL AND MATERNAL CONDITIONS

Print Friendly and PDFPrint Friendly

Background material by Prof Omar Hasan Kasule Sr. for Year 2 Semester 2 Med PPSD session on 15th April 2009

Kindness is required for wives when they experience loss of libido, lack of sexual enjoyment, dyspareunia, and vaginismus. Lack of libido and sexual interest in a woman is not considered a barrier to marriage.

In cases of prolonged menstruation or dysfunctional uterine bleeding, it suffices to pad the perineum, make wudhu, and pray immediately without waiting. Menstruation exempts from fasting and not DUB. Hormonal regulation is menstruation is allowed for hajj but not fasting of Ramadhan. Sexual relation can be undertaken in prolonged DUB if care is taken to prevent ascending infection. DUB is ignored in computation of ‘iddat in both pre-menopausal and post-menopausal women.

Surgical treatment of septate or imperforate vagina should be attempted before marriage dissolution due to non-consummation.

The Law treats infertility as a disease for which surgical and medical treatment must be sought.

A spouse is legally liable for transmitting infection to the partner. A proper balancing of harm, dharar, and benefit, maslahat, must be considered in treating benign malignancies because of destruction of the reproductive function. Hysterectomy for uterine fibroids destroys the reproductive function and leads to psychological problems in a woman who then can no longer menstruate. The period of post-abortion bleeding is recognized as nifaas. In cases of hemostatic disorders and ecclampsia termination of the pregnancy may be the best way to save the mother’s life but it will adversely affect the fetus who may not yet be viable extra-uterine. Delivery complication may lead to difficult choices between saving one of the lives: mother or infant. The Law gives precedence to the mother.

The gender differentiation disorders are anatomical and physiological with serious behavioral and legal implications affecting marriage, procreation, and inheritance

Radical mastectomy for breast cancer has cosmetic implications that can affect marital relation through psychological effects.

Ovum donation or in invitro fertilization are prohibited for anovulatory infertility.