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Resolutions of Iftaa' Board

Resolution No.(283): "Islamic Ruling on Washing the Person who Died from an Infectious Disease such as the one caused by Corona Virus"

Date Added : 02-06-2020

Resolution No.(283)(3/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Islamic Ruling on Washing the Person who Died from an Infectious Disease such as the one caused by Corona Virus" 

Date: (24/Rajab/1441 AH), corresponding to (19/3/2020).

 

All perfect praise be to Allah, the Lord of the Worlds. At its second meeting held on the above date, the Board reviewed the question about the ruling of Islam on washing the person who died from an infectious disease such as the one caused by the corona virus?

After careful consideration, the Board has taken the following decision:

Whoever died during a pandemic, it is hoped that Allah will grant him a reward similar to that of a martyr. This is attested to in the Hadith where the Prophet (PBUH) said: "None (among the believers) remains patient in a land in which plague has broken out and considers that nothing will befall him except what Allah Has Ordained for him, but that Allah Will Grant him a reward similar to that of a martyr." {Bukhari}.

In addition to hoping that Allah will grant him a reward similar to that of a martyr, in principle, the deceased person must be given ritual washing (Ghusl), shrouding with a piece of cloth (Kafan) and a funeral prayer (Salat al-Janazah). This is provided that the necessary protective measures are put in place to make sure that the persons who do these (Ghusl, kafan and Salat al-Janazah) don`t get infected. In case protective measures couldn`t be taken, funeral and burial preparations must be done as much as possible, even if it be spraying the dead body with a hose and shrouding it with a piece of cloth. The evidence on this is the Sharia maxim which states: "The easy thing shall not be waived by the difficult thing." Moreover, Allah The Almighty Says {what means}: "Allah tasketh not a soul beyond its scope." {Al-Baqarah, 286}. As for the funeral prayer, it may be delivered by the smallest number of prayer performers, even if it be one person. We pray that Allah showers all the dead Muslims with His mercy. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-khalayleh

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member

Dr. Jamil Khatatbeh/Member

Dr. Amjad Rasheed/Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling on performing istinja' after passing wind from the anus?

Ablution is invalidated by passing wind from the anus, even without a smell. Only ablution becomes obligatory from it. Istinja' is not obligatory nor recommended. And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

What is the ruling on istinja' after urination, and is it done with water and soap or with water only?

Istinja' from urine and stool is obligatory. It is permissible to perform istinja' with water alone, or with toilet paper alone. The best way is with toilet paper then water. If one wishes to suffice with one of them, then water is better. And Allah the Almighty knows best.

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