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Resolutions of Iftaa' Board

Resolution No.(194): "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date Added : 23-11-2015

 

Resolution  No.(194) (2/2014) by The Board of Iftaa`, Research and Islamic Studies:

 "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date: (7/Rabi`a Al-Awwal/1435 A.H), corresponding to (9/1/2014 A.D)

All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its eleventh session held on the above given date, the Board of Iftaa`, Research and Islamic Studies reviewed the ruling of Sharia on removing the uterus of mentally challenged girls under the pretext that it causes health risks and affects their personal hygiene. Having taken the technical opinion of educational specialists and doctors into consideration and having become familiar with the negative effects of the aforementioned procedure, the Board decided what follows:

Ablating an organ that has been created by Allah is impermissible, save in hopeless cases. As for those who are physically, or mentally challenged, we see no valid excuse for allowing  such kind of procedure since it violates Allah`s creation, causes health risks due to cutting and surgery, and leads to negative effects that facilitate offending these girls and inflicting harm on them.

It is the duty of their parents and guardians to protect them against any harm. Society should also protect them against different types of abuse through taking all the necessary measures which guarantee that, because it is the right of the weak to be protected, and failure to perform that role makes the aforesaid parties sinful and that sin multiplies every time he/she (The challenged) is being abused. Therefore, families that are afflicted with challenged children as well as society should  exercise patience when dealing with them and seek the recompense from Allah. Our Prophet Mohammad (PBUH) said in this regard: “All of you are guardians and responsible for your wards and the things under your care.”  {Bukhari and Muslim}. And Allah Knows Best.

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Hilayel

Prof. Hayel Abdulhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Prof. Mohammad Al-Qudat/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr.Wasif Al-Bak`kri/ Member

 

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Summarized Fatawaa

What is the ruling on storing the meat of sacrificial animals and distributing it throughout the year?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (makruh) to store or preserve the meat of sacrificial animals (udhiyah), whether for a short or long period, provided that the sacrifice is slaughtered within its prescribed lawful time, while also taking care to prevent the meat from spoiling. And Allah Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

Is it permissible for someone with a physically demanding job, such as a baker or construction worker, to break their fast?

It is not permissible for someone with a physically demanding job to start the day intending to break their fast. They must make the intention to fast at night and begin fasting. However, if they reach a point where fasting becomes unbearably difficult, they may break their fast and make up for it later.

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