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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

What is the ruling on I‘tikaf in Ramadan?

I‘tikaf is Sunnah in Ramadan, and it is even more emphasized in the last ten nights, in the hope of witnessing Laylat al-Qadr.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

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 a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

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