Selling birth control

Q. According to a Mufti it is permissible to sell over the counter birth control pills to just anyone. Does this not encourage zina? He bases his answer on a principle in Raddul Muhtaar. The Mufti says that the seller should assume that the pill will be used lawfully.

A. The Mufti has erred. He has not applied his mind to the evils and moral dangers of selling the ‘zina’ pill over the counter. His argument that it is permissible to freely sell just everything which is permissible to use lacks wisdom. A Mufti is required to take into consideration the habits, practices, norms, attitudes of people. There are many circumstances which have to be considered before issuing a fatwa simply based on a dry juridical principle. While the principle mentioned in Raddul Muhtaar is 100% correct, the Mufti is required to have viewed it in the light of the Qur’aanic aayat: “Do not come near to zina”, as well as other Fiqhi principles. To sell grapes is perfectly permissible. But to enter into a contract with a winery to sell grapes is haraam.

He says that the seller should ‘assume that the pill will be used lawfully’. In the present age of immorality the inference that young unmarried persons buying the pill require it for zina is valid. It is known that zina is practised on a massive scale in this immoral age. Hence, even if it is initially lawful to sell the pill for a valid reason, it is not permissible to sell it over the counter to just anyone, especially unmarried persons. When there are reasonable grounds for assuming that the pill will be put to evil use then it is haraam to sell it to all and sundry. Ifta’ (issuing fatwas) is a deep and dangerous ocean. It is not for everyone who holds a ‘mufti’ certificate to dive into this ocean. Nowadays muftis lead the masses astray with their corrupt fatwas.

I couldn't agree with you more sister