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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

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the ruling on praying behind a disliked Imam?

 

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is mildly disliked (Makruh Tanzihan) for a man—other than the permanent designated Imam (Imam Ratib)—to lead people in prayer if the majority of them dislike him due to a religiously blameworthy reason (Amr Madhmum Shar‘an), such as associating with open sinners (Fussaq), for example. As for the followers who dislike him, the prayer behind him is not disliked for them. However, if less than the majority dislike him, or if the majority dislike him for a reason that is not religiously blameworthy, then his leading the prayer is not disliked. And Allah the Exalted knows best.

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