Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(69): “Ruling of Sharia on the Definition of Reproductive Health“

Date Added : 02-11-2015

 

Resolution No.(69): “Ruling of Sharia on the Definition of Reproductive Health“

Date: 5/8/1424 AH corresponding to 1/10/2003 AD.

 

The Board has received the following question:

What is the opinion of the Iftaa` Board as regards the following definition of reproductive health?

Reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law, and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant. {The International Conference on Population Development}.

Answer: All success is due to Allah.

After reviewing the above definition, the Board made the following remarks:

1- The statement: “Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so” contradicts with the rules of Islamic Sharia, so it must read  as follows: “Reproductive health therefore implies that both spouses are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so, in line with the rules of Islamic Sharia.“

2- The above definition includes legal and illegal relationships between men and women, and this violates the principles of Islam, which only permits relationships through legal and valid marriage since Allah, the Almighty Says in this regard {what means}: “It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power (over all things).” {Al-Furqan/54}. Scholars stated about the interpretation of this verse: {Lineage is the mixing of water (sperm) between a male and a female legally; otherwise, it becomes neither a lineage nor a marriage.} Allah Says {what means}: “And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.” {Ar-Rum/21}.

3- The statement: “Which are not against the law “isn`t in line with the rules of Islamic Sharia, so it must read as follows: “Which aren`t against the rules of Islamic Sharia.” This is because it is an obligation on every Muslim man and woman to abide by the rules of Sharia, and not to commit any act that violates them, for Allah Says {what means}: “But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” {An-Nisa`/65}. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                Dr. Mohammad Abu Yahia               

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

        Sheikh Na`eim Mujahid

                 Sheikh Mahmoud Shwayyaat

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Summarized Fatawaa

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.