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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(118): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth"

 Date: 16/10/1427 AH, corresponding to 8/11/2006 AD.

 

The Board has reviewed the letter of the Supreme Judge as regards presenting the draft bill of the medical techniques, that aid in giving birth, before the Iftaa` Council.

Answer: All success is due to Allah.

The Iftaa` Council decided the following:

First: Article (5), which states: “Resorting to medical techniques is banned, save by a living married couple and through mingled sperm taken from both of them. The Board recommends correcting the Arabic word (بواسطة) into (بوساطة).

Second: Article (6), paragraph (B), which states: “Insemination of mingled sperm shall be banned, save with a written consent of the concerned couple. “

The Council recommends adding the phrase: “through mingled sperm taken from both of them.“ So, it should read as follows: “Insemination of mingled sperm shall be banned, save with a written consent of the concerned couple and through mingled sperm taken from both of them. “

Article (6), paragraph (B) which states: “Transplantation of embryos shall be banned, save with a written consent of both spouses and in accordance with the form provided by the concerned ministry. “

The Council recommends adding the phrase: “through mingled sperm taken from both spouses with their consent.“ It should read as “Transplantation of embryos through mingled sperm taken from both spouses shall be banned, save with a written consent of both and in accordance with the form provided by the concerned ministry. “

Third: Article (10), paragraph (A): The formation of the technical committee for medical techniques, which stipulates that its members shall comprise from:

- Two specialized expert doctors in medical techniques representing the Medical Association and nominated by its president.

The Council recommends nominating the above doctors by the association`s president.

Paragraph (D) states: “The Minister of Health may terminate the membership of any member of the above committee based on the recommendation of its president, and ask for the nomination party to nominate someone in his place.“

The Council recommends amending this article by adding the phrase: “with stating the reasons“ It should read as follows: “The Minister of Health may terminate the membership of any member of the above committee based on the recommendation of its president, with stating the reasons, and ask for the nomination party to nominate someone in his place.“

Paragraph (H) states: “The Committee shall convene at least once a month by  invitation from its head or vice head, and the meeting shall be considered legal by the attendance of three members at least, including its head or vice head, and its resolutions shall be issued by majority of votes.“

The Council recommends that this article should read as follows: “The Committee shall convene at least once a month by an invitation from its head or vice head, and the meeting shall be considered legal by the attendance of three members at least, in addition to its head or vice head, and its resolutions shall be issued by majority of votes.“

Fourth: Article (11), paragraph (A): “Medical techniques shall not be used for commercial purposes, or to form an embryo for selection of offspring for non-medical purposes.“

The Council recommends adding the phrase: “or with the purpose of benefiting from an embryo, its organs, or when there is a disease inflicting a particular sex such as: (Hemophilia).

Fifth: Article (13), which pertains to matters banned in medical techniques, paragraph (A), which addresses cloning and its used techniques:

The Council recommends paraphrasing it as follows: “Cloning and its constituents, except the cloning of organs from a person`s basic cells with the aim of transplanting theses organs to him.“ 

Sixth: The Council recommends adding the following phrase to this article: “Operations concerning mingled sperm and embryos should be conducted as necessary.“

Seventh: Article (15), which states: “After securing the consent of both spouses, extra embryos resulting from legal operations shall be destroyed in accordance with the provisions of this law and under the supervision of the doctor in charge.“

The Council recommends specifying a period for the destruction of these extra embryos.

Eight: Article (16), paragraph (B), which states: “The mixed sperm and the embryos shall be preserved for no more than ten years, with the consent of the concerned husband as regards the mixed sperm, and that of both spouses as regards the embryos.“

The Council sees that ten years is a long period, and recommends specifying it in line with the opinion of the specialized doctors. 

Ninth: Article (17), which states: 

A- In spite of what is stated in articles (4, 5), the Minister-by recommendation of the committee-may allow a non-married person, who is under treatment, or is about to undergo a medical procedure that may affect his ability to give birth, to have his sperms frozen in order to be used later on in a legal marriage, within the framework of medical techniques, and in accordance with the rules and provisions of this law.“

B- The sperms of the above person shall be destroyed in case he failed to pay the determined payment, restored his natural ability to give birth, or died.

The Council recommends deleting this article because it is a condition that the mingled sperm procedure should be conducted during an existent legal marriage. And Allah Knows Best.

 

 

Iftaa` Council

Head of the Iftaa` Council

            Chief Justice / Dr. Ahmed Muhammad Hilayil

                    Dr. Yaser al-Shamali

                            Dr. Abdulsalam Al-Abbadi

Sheikh Saeed Abd al-Hafiz al-Hijawi

                        Shiekh Naeem Mujahid

               Dr. Wasif al-Bakri

                    Dr. Yusuf Al-Shamali

                                                  Sheikh Abd Al-Kareem Al-Khasawneh                                                

 

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Summarized Fatawaa

What is the ruling of Sharia on unregistered marriage?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
In order for a marriage contract to be considered valid, there has to be a Wali (Guardian) of the bride, two honorable witnesses and the contract has to be documented at an Islamic court. And Allah The Almighty Knows Best.

What is the ruling on reciting verses of the Holy Quran on water, then drinking it?

It is permissible to recite Quran on water, then drink it as a kind of treatment since the Quran heals. Allah, The Almighty, Says (What means): "We send down (stage by stage) in the Qur’an that which is a healing and a mercy to those who believe: to the unjust it causes nothing but loss after loss." [Al-Isra`/82].

What is the ruling on using bank cards such as Visa and MasterCard?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upo all of his family and comapnions                                                                                                                                                                                                                                        It is permissible to use such cards in accordance with the following conditions: 1- The issuing body does not stipulate collecting interest upon late payments. 2- The merchant does not increase the price of the goods due to an increase in the commission collected from him by the card issuer. 3- The purchased item(s) should not be gold, silver or currency in case the card is not covered. And Allah Knows Best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

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