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Resolutions of Iftaa' Board

Resolution No. (211): "Transplanting an Ovum Between Co-Wives is Impermissible"

Date Added : 05-10-2015

Resolution No. (211) (12/2010), by The Board of Iftaa', Researches and Islamic Studies:​

"Transplanting an Ovum Between Co-Wives is Impermissible"

Date: 6/Rabie Al-Awwal/1436A.H, corresponding to 28/12/2014A.D 

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

The Board of Iftaa`, Research and Islamic Studies reviewed in its fourteenth session, Sunday (6/ Rabie Al-Awwal/1436), (28/12/2014), the question delivered by one of the physicians and reads as follows:

What is the ruling on transplanting a fertilized ovum, from an insemination process between a man and his first wife, in the uterus of his second wife. Are there different cases in this regard, and what are its repercussions in terms of lineage (Maternal), inheritance..etc. ?

After careful study and deliberation, the Board decided the following:

It is impermissible to transplant a fertilized ovum of one wife in the uterus of her co-wife because this entails religious {Islamic Law} and legal repercussions as regards determining the true mother; is she the one who contributed with the ovum, or the uterus?. 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, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who sacrifices on behalf of another with his permission to eat from the sacrifice with his permission, and he takes his place in distributing its meat.
 
It is stated in Hashiyat al-Jamal 'ala Sharh al-Minhaj (Vol.5/P.262): 'If a person sacrifices on behalf of a living individual with his permission, does he take the place of that individual in distributing the meat, because permission for the sacrifice implies permission for distribution, or does it depend on explicit permission? There is room for consideration, but the former view is not far-fetched.' And Allah Almighty knows best."

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

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