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Resolutions of Iftaa' Board

Resolution No. (201): "Ruling on Medical Use of Cadavers

Date Added : 05-10-2015

Resolution No. (201) (11/2014) by the of Board of Iftaa', Researches and Islamic Studies: 

"Ruling on Medical Use of Cadavers"

Date: (19 Ramadan, 1435 AH), corresponding to (17/7/2014 AD).

 

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The Board of Ifta`a and Islamic Studies, in its 9th session held on Thursday (19 Ramadan,1435AH) corresponding to (17/7/2014AD), reviewed the formal letter of His Excellency the Premier regarding giving permission to the University of Jordan to bring in four parts of frozen cadavers through the Queen Alia International Airport in order to use them for educational purposes at the morgue of the Faculty of Medicine.

After deliberation and careful study, the Board has decided what follows:

There is a consensus amongst Muslim scholars regarding the inviolability of a human being whether alive or dead, and the impermissibility of aggressing him/her. Allah, The Almighty, Says (What means): “We have honored the sons of Adam.” {Al-Isra/70}. In addition, Prophet Mohammad (PBUH) said: “Breaking the bone of the dead is the same as breaking the bone of the living" {Narrated by Abu Dawood}.

Securing  the necessary interests permits making use of these parts for medical purposes since the rules of Sharia call for getting the benefits while avoiding the shortcomings. Medical sciences and treatments are some of the most important means of acquiring safety, and learning medicine is a common obligation on the Muslim Ummah and doing so nowadays requires learning anatomy and other medical branches. Moreover, there is no doubt that parrying the harm from inflicting a living person is more important than parrying the harm from a dead person when both benefits are conflicting. Accordingly, resolutions and Fatwas were issued by the Fiqh assemblies allowing the use of dead bodies or parts of them for educational purposes. Resolution(10/1) by The Islamic Fiqh Assembly in Mecca stresses the inviolability of the dead and the impermissibility of deforming his/her corpse since the rights of a Muslim must not be violated regardless of whether he is alive or dead.

Based on the aforementioned, there is no harm in allowing the university of Jordan to bring parts of corpses for educational purposes. And Allah Knows Best.

 

The Grand Mufti of Joradan , Sheikh Abdul Karim Al-Khasawneh

Dr. Hayel Abdel Hafiz / Member                                                     Prof.   Abdunassir Abu Al-Bassal / Member

Sheikh Sa'id Hijjawi / Member

 Dr. Yahya Al-Btoush / Member

 Dr. Mohammad Khair Al-Issa / Member

Prof. Mohammad Al-Qhidah

Dr. Mohammed Al-Khalayleh/Member

Dr. Wasif Al-Bakri / Member  (Disagrees with reservation)              Dr. Mohamed Al Zoubi, Member

 

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Summarized Fatawaa

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

Do wounds and bleeding during the day in Ramadan break the fast?

If a wound results in something entering the body cavity (jauf), such as blood or an external object, then the fast is invalidated.
However, external wounds and bleeding do not break the fast, unless they cause something to enter the body cavity.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

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