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Resolutions of Iftaa' Board

Resolution No.(187): "Stem Cells Law, 2013"

Date Added : 17-11-2015

Resolution No.(187) (6/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Stem Cells Law, 2013"

Date: (25/8/1434 A.H) (4/7/2013 A.D)

 


All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon all his family

and companions.

On the aforementioned date, the Board reviewed the stem cells law for the year 2013, sent by His Excellency the Chairman of the Legislation Bureau, to clarify the ruling of Sharia regarding it:
After careful study and deliberation, the Board decided what follows: 
First: The proposed draft-law pertaining to the regulation of the medical and research-based work has focused on two types of stem cells, which are: Human Embryonic Stem Cells and Somatic, or Adult Stem Cells. Little attention was given to the three other types: The Induced Pluripotent Stem Cells (IPSCs), The Somatic Cell Nuclear Transfer Stem Cells and The Hybrid Stem Cells.
An example on the aforesaid  is in article (Seven), where the word (Adult) should be deleted in order for the article to include all sources of the five types  of stem cells mentioned in Article (Three) because all of them contain a human source. Therefore, it must be ascertained that there is a need to obtain them for therapeutic use, or research purposes, and then it becomes insufficient for article (Seven) to be concluded with: “According to the medical protocol in use “; rather, it is imperative to restrict  it to that which goes in line with the rulings of  the Islamic Sharia.
The same applies to article (Nine/A), where we deem necessary that the word (Embryonic) should be deleted in order for the article to include all sources of stem cells so as for the General Iftaa` Department to consider the Sharia ruling regarding  the zooblast which can be used for producing hybrid stem cells. This is also to make sure that the stem cells resulting from somatic cell nuclear transfer aren`t misused since article (Three) doesn`t provide adequate precautions in this regard, rather, it sufficed with the condition that” It is not to be cultured in the womb and not to be used for the reproduction of human beings.”
Second: Article (Four/B/4) made the condition: “An insurance contract is to be concluded between the bank and one of the licensed insurance companies in the Hashemite Kingdom of Jordan to insure the stored stem cells.” The Board recommends that the insurance should be restricted to the joint-cooperative kind which is based on donation rather than commutative and gambling contracts.
Third: We recommend nominating an employee from the Iftaa` Department  to be a member in (The National Committee of Stem Cells), as stipulated in article (Four). His Grace, The Mufti-General is to nominate this member in order for the latter to make sure that the Islamic rulings are observed.
Fourth: The Board recommends drawing up vindicatory sanctions on whoever breaks the provisions of this law. And Allah Knows Best.

 


Chairman of the General Iftaa` Department, His Grace, Sheikh Abdulkareem Khasawneh.

Prof. Abduln`nassir Abu-Albassal/ Member
Sheilkh Sai`ed Hij`jawi/ Member
Prof. Mohammad Al-Qodah/ Member
Dr. Mohammad Khair E`ssa/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Wasif Al-Bakri/ Member
Dr. Mohammad Al-Zo`bi/ Member

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Summarized Fatawaa

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

What is Tarawih prayer?

Tarawih prayer is the night prayer (Qiyam) performed during the month of Ramadan. It is called "Tarawih" because Muslims used to prolong the standing (qiyam) in it and take brief rests after every four rak‘ahs.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

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