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Resolutions of Iftaa' Board

Resolution No.(207): "Ruling on Testing Drugs on People for Money"

Date Added : 05-10-2015

Resolution  No.(207)( 17 /2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Testing Drugs on People for Money"

Date 30/Zolqidah/1435AH, corresponding to 25/9/2014AD

 

All perfect praise is due to Allah, blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday(30/Zolqidah/1435 A.H)-(25/9/2014 A.D), the question submitted by one of the citizens and reads as follows: 

Some research and studies centers in Jordan produce certain medications which they experiment on some people in return for money, and before distributing them in the market. What is the ruling on cooperating with such centers for this purpose in return for money ?

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

Protecting one`s life is among the five necessities which the Islamic Sharia came to preserve, whether by prevention, or by cure as shown by the following verse: “Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!.” {An-Nisa/29}.

Protecting life is considered in its totality according to the Sharia maxim: the general interest is given precedence over the private interest. Also, Al-Izz Bin Abdusalaam (May Allah bless his soul) said: “The general interest is tantamount to the private necessity. “

Accordingly, testing a medication on a human being-if the doctors thought it was most probably useful- is a permissible act, provided that the following conditions are met:

First: The research centers should take all the necessary precautions and carry out all the experiments which indicate that the medication is chemically sound and doesn`t cause clear damage to the healthy, or the unhealthy persons.

Second: The research and the experiments should be conducted by the authorized  centers which adhere to the most elevated standards of methodical academic research under the supervision of qualified experts.

Third: The research centers should adhere to the laws and regulations that govern their work in a bid to avert suspicion, negligence, and competition among the manufacturing companies at the expense of people`s health. We call on the legislative and supervisory institutions to monitor this sector and address any shortage, or weakness in the legislations from which the defect is most likely to happen.

If the aforesaid conditions were met, then there is no harm, by The Will of Allah, and it becomes permissible for the citizen to make a sacrifice by trying the medication, even for money. This is because, in the past, the Muslim jurists permitted taking medications although they didn`t undergo any experimentations and no precautions were taken before trying them on people. Thus, the questioner should know that it is permissible for an individual to cooperate with such centers if they meet the above conditions. And Allah Knows Best.

 

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

Prof. Ahmad Helayel/ Member

Dr. Hayel Abdolhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mohammad Al-Qodah/ Member

Dr. Wasif Al-Bakkri/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.

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