عربي
Home


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

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

Is it permissible for one to give the Zakah (obligatory charity) to his indebted brother?

It is permissible for one to give the Zakah to his brother if he was indebted, or poor.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

See More