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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 Aqeeqah?

It is the sheep slaughtered on the seventh day from the child`s birth, and it is a confirmed Sunnah after the Prophet (PBUH).

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

What is the ruling on Tarawih prayer?

Tarawih prayer is a confirmed Sunnah (Sunnah Mu’akkadah).

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