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Resolutions of Iftaa' Board

Resolution No.(166): "Ruling of Sharia on Donating Part of the Liver"

Date Added : 05-10-2015

 

Resolution No.(166)(7/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling of Sharia on Donating Part of the Liver"

Date: 26/8/1432 AH, corresponding to 28/7/2011 AD.

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its eleventh session held on the above given date, the Board reviewed the ruling on donating part of the liver and decided that it is permissible provided that the conditions of Sharia in this regard are met. Rather, the Board is of the view that whoever does this out of kindness towards a patient, who is really in need for it, will be rewarded by Allah. Allah, The Almighty, Says (what means): "and if any one saved a life, it would be as if he saved the life of the whole people." {Al-Mai`dah/32}.

The conditions of Sharia as far as this issue is concerned are as  follows:

1- The donor should be a responsible person.

2- Taking this part from the donor`s liver doesn`t inflict any harm on his life since the Sharia maxim in this regard reads: (Harm shouldn`t be eliminated  by inflicting reciprocal harm). Therefore, it is imperative to consult specialized expert doctors at each case.

3- It is donated out of charity, not in exchange for a material profit.

4- Transplanting this part of the liver is the only medical means to cure the patient.

5- The operation is most likely to be a success. And Allah Knows Best.

 

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

Vice Head of the Iftaa` Board, Dr. Ahmad Helayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Judge Sari Attieh/ Member

Dr. Mohammad Khair Al-Essa/ Member

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

Dr. Mohammad Oklah Al-Ib`brahim

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Dr.Abdulrahmann Ibbdah/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

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.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

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