Resolutions of Iftaa' Board



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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.