Question:
Assalamualaikum wrm.wbt.,
I want to ask, menstruation is dirty blood, thus, it is haram to have intercourse. Hence, is it permissible if I wear condom to have intercourse with my wife who is menstruating?
Answer:
Waalaikumussalam wrm. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
According to the question asked, there are several matters that we should understand.
The Ruling of Intercourse During Menstruation
This issue is explained 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 harm, 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."
Surah al-Baqarah (222)
According to the above verse, there are several important matters that we should understand. First, Imam al-Qurtubi commented “قُلْ هُوَ أَذًى” as something that impurify woman. Then, it is followed by “فَاعْتَزِلُوا النِّسَاءَ" "فِي الْمَحِيضِ” which means to keep away from one’s wife when she is menstruating. Then the following verse is reaffirmed with the commandment to not approach one’s wife by the phrase وَلَا تَقْرَبُوهُنَّ.
According to Ibn ‘Arabi, the prohibition of approaching one’s wife means it is prohibited to have intercourse with his wife.
In Tafsir Ibn Kathir (1/320), it is cited that Imam Ahmad said, from Anas RA, he narrated about the custom of the Jew. When their women are menstruating, they would separate the woman from their houses. Then the Companions asked, how should they treat women who are menstruating. Afterwards, the above verse was revealed. Then, the Prophet PBUH said:
اصْنَعُوا كُلَّ شَىْءٍ إِلاَّ النِّكَاحَ
"Do everything else apart from sexual intercourse (with your wives)"
Sahih Muslim (302)
In this issue, Imam al-Syafie said:
"مَنْ فَعَلَ ذَلِكَ فَقَدْ أَتَى كَبِيرَة"
“Whoever commit it (intercourse while she is menstruating), indeed, has committed a grave sin.” See al-Majmu’ (2/389).
According to the Quranic and prophetic evidences as well as the statement of Imam al-Syafie, having intercourse even when one uses a condom is prohibited. The prohibition brings about the haram ruling of it.
Islam is a religion of blessing for the whole universe. The prohibition of intercourse when menstruating doesn’t only protect the men when the questioner asked that he would be safe when he wears a condom, but Islam also care about women. There is a great wisdom for the prohibition, for it may cause diseases for both the husband and wife. Numerous scientific studies have proven that the prohibition in Islam is wise. Read further in our previous article titled Irsyad al-Fatwa Series 20: The Wisdom of the Prohibition to Have Intercourse During Menstruation [1].
However, there is a facilitation in madhhab al-Syafie regarding the ruling of istimta’ (sexual activity) while she is menstruating. Originally, the majority of scholars ruled istimta’ between the navel and knees without any layer in between them. If istimta’ is done with a layer, then it is permissible according to madhhab al-Syafie and Hanafi. See Mausuah Al-Fiqhiyah (18/324).
Conclusion
In our opinion for this matter, intercourse during menstruation is haram even if he wears a condom according to the above arguments.
May we always be blessed with hidayah and guidance to practise the Shari’a of Islam. Amin.
Endnotes:
[1] http://muftiwp.gov.my/en/artikel/irsyad-fatwa/irsyad-fatwa-umum-cat/2059-20?highlight=WyJoYWlkIl0=