FATWA on Reproductive Health and Family Planning issued by the Assembly of Darul-Ifta of the Philippines in November 2003

There is an Islamic Official Ruling or Fatwa on Reproductive Health and Family Planning issued by the Assembly of Darul-Ifta of the Philippines in November 2003. The fatwa noted the definition of reproductive health as provided by the International Conference on Population and Development (ICPD) and found nothing objectionable to it. The ICPD defined reproductive health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity in all matters relating to reproductive system and to its functions and processes.” ( from Report of the ICPD, Chapter VII, 7.2, September, 1994.) 


While reproductive health is more than just family planning, the fatwa focused on the issue of preventing birth or birth spacing without addressing the other factors of reproductive health. The Assembly reviewed the Qur’an and found nothing that prohibited the spacing or limiting the number of children. It also consulted Islamic scholars who found that family planning is not incompatible with nature, it is not disagreeable to the national conscience and it is not forbidden by national conscience, and is not forbidden by Shari’a, It is said that the practice of preventing pregnancy was allowed by the prophet Muhammad and found nothing wrong with the use of contraceptives. 


According to Emelina Quintillan based on her study, there is, however, very little awareness of the fatwa on family planning. Quintillan notes that according to a survey on the fatwa awareness that was commissioned by the Academy of Educational Development (AED), only 28% of the adult population was aware of the fatwa on family planning in the surveyed areas of the Autonomous Region of Muslim Mindanao (ARMM). (Source : Fatwa Awareness Survey in the Autonomous Region in Muslim Mindanao, Final Report, March 2006, page 19.) Our Center, the PILIPINA Legal Resources Center (PLRC) is now promoting the broader picture of reproductive health and rights. This right is associated with basic principles of dignity, bodily autonomy, and the ability to make decisions for oneself. Many members of PLRC’s Shar’a Court Monitoring Team are actively promoting this fatwa. Women’s access to health services including those related to family planning is mandated in both Article 12 and Article 16 of the United Nations Convention for the Elimination of All Forms Discrimination Against Women (UN CEDAW, which also includes advocating for the right to informed choice, education, and access to basic health services.