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Resolutions of Iftaa' Board

Resolution No.(204): "Ruling on Aborting the Pregnancy Resulting from Rape"

Date Added : 05-10-2015

Resolution  No.(204) (14/2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Aborting the Pregnancy Resulting from Rape"

Date: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D)

 

 

All perfect praise be to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D), the questions sent by some citizens regarding: the ruling on aborting the fetus conceived from incest .

After careful study and deliberation, the Board decided:

Rape is one of the most heinous crimes that involves aggression against man`s dignity and inflicts harm on his soul; therefore, the Muslim scholars have considered it from the “Harabah” (banditry) which makes mischief through the land and violates the honor of human beings, so rapists shall receive the punishment as promised by Allah, The Almighty (What means): “That is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.” {Al-Maidah/33}.

As the pregnancy resulting from this heinous crime leads to multiplying its harm, inciting trials and enmity amongst the members of society, the Board deems guiding the victim to visit the Iftaa` Department so as to understand  the accompanying circumstances of the case and those of the pregnancy as well as that which affects the Sharia ruling in this regard. This is in order for the Board to review each case independently and issue a ruling in line with that which achieves benefit and wards off harm since necessity is assessed and answered proportionately. We beseech Allah to avert us such trials. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Hayel Abdulhafeez/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling of Sharia on woman shaking hands with non-Mahram man?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The Messenger of Allah (PBUH) said: "It is better to be stabbed in the head than touch a woman to whom one isn`t related." [Transmitted by Al-Tabarani /Al-Mo`jam Al-Kabir, Hadith No.16880]. Accordingly, it is forbidden for men to shake hands with non-Mahram* woman. And Allah The Almighty Knows Best.
 
 
* The women/men that you are allowed to marry. It includes all women/men other than mahram (including cousins).

I have asked a marriage official to conclude my marriage since I have no proxy and, being an adult, I can act as the proxy of myself, but he refused. What should I do?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
In order for a marriage to be valid there must be a Wali (Guardian) for the woman: father, brother, paternal uncle or any paternal relative. If there isn`t any, then the judge can act as the woman`s guardian and conclude the marriage contract. And Allah The Almighty Knows Best.

Is it permissible for a woman to use a contraceptive without telling her husband although he wants to have as many children as possible and she can`t care for them?

All perfect praise be to Allah, the Lord of the Worlds, may His Blessings and Peace be upon our Prophet Mohammad and upon all his family and companions.
If the pregnancy is harmful to the woman, it is permissible for her to use a contraceptive; however, this has to be backed by a medical report from a God-fearing doctor. In addition, you had better inform your of what you are doing to avoid dispute. And Allah The Almighty Knows Best.

Is it disliked to clip one`s nails at night, and to burn them afterwards?

It is recommended to bury hair and nails that have been removed and to conceal them in the ground. As for burning nails, we have not found any specific prohibition against it, but adhering to what is supported by evidence—burying the nails—is preferable. And Allah Knows Best.

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