Question:
Assalamualaikum ustaz. Is it permissible to have intercourse with one’s wife who is menstruating using a condom?
Answer:
Waalaikumussalam wrt. wbt.,
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
Condom according to the 4th Edition of Kamus Dewan means a wrapper or covering made of latex to be worn on the penis of a man to prevent sexually transmitted diseases and pregnancy due to sex. [1] While according to the Ministry of Health Malaysia it is a latex wrapper to cover the penis and collect semen with the purpose of preventing pregnancy by hindering the sperm from entering the vagina and reduce the risk of sexually transmitted diseases. [2]
The issue regarding having intercourse with one’s wife during her menstruation has been stated in the Quran according to the statement of Allah SWT:
وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ ۖ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ ۖ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ ۖ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّـهُ ۚ إِنَّ اللَّـهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ
“And they ask you about menstruation. Say, “It is haram, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves.” [3]
Imam al-Qurtubi interpreted the phrase “ قُلْ هُوَ أَذًى” as something that impurifies women. Then the verse continues with “فَاعْتَزِلُوا النِّسَاءَ” “فِي الْمَحِيضِ ” which means keep away from your menstruating wife. Then the verse continues again with the emphasis to keep away from her at وَلَا تَقْرَبُوهُنَّ. [4]
Imam Ibn Kathir cited in his commentary [5] that Imam Ahmad said, from Anas RA, narrated regarding the Jews. When their women were menstruating, they are isolated from their homes. Then the companions asked, how should the women who are menstruating be treated. Hence, the above verse was revealed. Then, Rasullullah PBUH said:
اصْنَعُوا كُلَّ شَىْءٍ إِلاَّ النِّكَاحَ
“Do everything else apart from sexual intercourse (with your wives).” [6]
In this issue, Imam al-Syafie stated: Whoever did this (has intercourse while his wife is menstruating), indeed has committed a major sin. [7]
According to the Quranic, prophetic as well as the statement mentioned by Imam al-Syafie, the act of having intercourse while the wife is menstruating even if one uses a condom which can prevent the physical contact between the penis and the vagina is prohibited and sinful.
Islam is a religion of harmony for the whole world. The prohibition against intercourse while menstruating not only protects men when it is stated that just by using condoms then it is safe but Islam also cares about women. This prohibition has great wisdoms behind it and among them is that it can lead to medical and health problems for both the husband and wife. Numerous scientific researches done proved that Islam’s prohibition against it is rational.
However, there is a relaxation in madhhab al-Syafie regarding the ruling of istimta’ (doing sexual activities that don’t involve the vagina) when the wife is menstruating. Originally, the majority of scholars prohibited istimta’ between the navel and knees without anything in between. If there is something like a cloth is used in between the two, then it is ruled permissible according to the opinion in madhhab al-Syafie and Hanafi. [8]
Among the wisdoms of its prohibition is that it can lead to diseases for both the husband and wife. Numerous scientific researches done proved that Islam’s prohibition is justified. A menstruating woman is actually experiencing a hormonal change in her body. Blood vessels in the womb and vagina will expand. Since blood vessels are very thin, it can easily burst when the penis enters the vagina and cervix.
The medical theory acknowledges that menstrual blood contains elements of disease. Dr Muhammad Ali al-Bar in his book Daurah al-Arham (The Function of the Uterus) under the title Menstruation as a Disease states: “The entire covering wall of the uterus is shed during the menstrual period. After examining the menstrual blood through a lens, we can see red and white blood droplets, there are pieces of the uterine wall covering and the uterus is wounded like peeling skin. “
According to him, “Therefore, the uterus is vulnerable to bacterial attack. Blood is the most optimum medium for bacteria to multiply. During menstruation, the uterine resistance becomes weak to withstand bacterial attack. Bacteria found on the surface of the penis can cause great danger to the uterus. It is even more dangerous when the uterus’s resistance to bacteria is very weak during menstruation because there is a very little process of isolating the acidic fallopian tubes that kills bacteria. “
Sexual intercourse during menstruation can also cause inflammation of the uterus and inflammation of the fallopian tubes which leads to lifelong pain and is difficult to treat and even spread to other diseases such as:
- The inflammation extends to the two ovaries in the uterus.
- Inflammation that continues into the urinary tract.
- Intense pain during menstruation.
- Decreased immune system.
- Decreased sexual desire and prefers to be alone.
- The disease is contagious to male partners, especially swelling which puts the urinary organs at risk.
- Dizziness or migraine.
To close, we state that intercourse during menstruation is prohibited even if a condom is used according to the arguments we presented. May Allah SWT grant us all the correct understanding in religion. Amin.
Wallahu a’lam.
[1] See https://prpm.dbp.gov.my/cari1?keyword=kondom
[2] See http://www.myhealth.gov.my/kontraseptif/
[4] See Tafsir al-Qurtubi, 3/86-88