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Resolutions of Iftaa' Board

Resolution No.(140): "Ruling on Charging a Fee for Testing the Usability of Blood"

Date Added : 27-10-2015

 

Resolution No.(140)(4/2010): "Ruling on Charging a Fee for Testing the Usability of Blood"

Date: 7/5/1431 AH, corresponding to 22/4/2010 AD.

 

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

During its fourth session held on the above given date, the Board reviewed the question concerning the Ministry of Health`s decision to charge fifteen JDs for each blood unit. Having reviewed the letter of the Health Minister, in which he stated that the fee is for covering the expenses of carrying the blood units, the Board realized that it covers the cost of the tests run by the Ministry, and not a price for the blood itself. After prolonged deliberations, the Board decided what follows:

Since the charged sum is in for testing the blood`s usability and not a price for the blood itself, thus it is permissible. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board,

                                                           Dr. Ahmad Hilayel

Sheikh Sa'eed Hijjawii/Member

                                                           Dr. Yahia al-Botoosh/ Member

                                                           Dr. Mohammad Khair al-Eesa/ Member

                                                           Judge Sari Atieh/ Member

                                                           Dr. Abdul-Rahman Ibdah/Member

                                                           Dr. Muhammad Aiqla Al-Ibrahim/Member 

                                                           Dr. Abdul-Naser Abu Al-Basal/Member 

                                                           Dr. Muhammad Al-Khalayla/Member 

                                                           Dr. Muhammad Al-Gharayba/Member 

                                                           Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

Is it permissible for a wife to leave her house without asking her husband?

It is impermissible for the wife to leave her house without asking her husband except for a sound reason.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

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