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Resolutions of Iftaa' Board

Resolution No.(120): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth“

Date Added : 02-11-2015

 

Resolution No.(120): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth“

Date: 7/7/1429 AH, corresponding to 10/7/2008 AD.

 

The Board has reviewed, on the above date, the letter of His Excellency the chairperson of the Legislation Bureau, No. (DT1/KK/32) on 18/9/2007, corresponding to 6th of Ramadan, 1428, as regards presenting the draft bill of the medical techniques, that aid in giving birth, before the Iftaa` Board for clarifying the ruling of Sharia in this regard.

Answer: All success is due to Allah.

After deliberations and thorough researching, the Board made the following remarks:

First: Article (10), which pertains to the formation of the technical committee for medical technology, and stipulates that: "Two of its members should be specialized expert doctors in the field of medical techniques to act as representatives of the Medical association, nominated by its head.”

In this regard, the Board reaffirms its earlier resolution no. (62/2006), 16/10/1427 AH, corresponding to 18/11/2006, which states that the aforementioned doctors are nominated as the Association`s Council because collective opinion is better than individual opinion in such sensitive matters.

Article (10), paragraph (D) reads: “The Minister may terminate the membership of any member in the above committee based on a recommendation by its head, and to ask the party which had nominated him to nominate someone else in his place.“ The Board reaffirms its previous resolution, which demands adding the phrase "with giving the reasons“. In order to maintain objectivity. Accordingly, this paragraph should read as follows: “The Minister may terminate the membership of any member in the above committee based on a recommendation by its head, with giving the reasons, and to ask the party which had nominated him to nominate someone else in his place.“

Second: Article (11), which allows determining the sex of the embryo within certain restraints, where it reads: 

A. Employing medical technology for commercial purposes, or for selecting the sex, or offspring of the embryo shall be banned.

B. Regardless of what`s mentioned in paragraph (A), the Committee may approve of allowing the concerned spouses to choose the sex of their baby once, on basis of inadmissibility to discriminate between the two sexes, in the following situations:

1- They have more than three babies from the same sex, whether males or females

2- Death of the embryo of the selected sex in his mother`s womb, or after delivery.

3- Medical reasons pertaining to genetic diseases related to the baby`s sex.

The Board believes that items 1 and 2 of paragraph (B) should be deleted since, in principle, a Muslim should be content with what Allah has ordained for him, males or females. In addition, this issue involves religious prohibitions such as allowing science to tamper with man, creating misbalance between the two sexes,  becoming subjected to mixing of lineage, and uncovering of private parts. However, there is no harm in keeping item three from paragraph (A), which reads: “for medical reasons pertaining to genetic diseases related to the baby`s sex.“ This is because undergoing such treatment is allowable. Thus, this article should read as follows: “Employing medical technology for commercial purposes, or for selecting the sex, or offspring of the embryo shall be banned, save in case of genetic diseases related to the baby`s sex.

Third: Article (13), the Board reaffirms its previous resolution in adding a new paragraph to the list of the banned matters in this article. Thus, it should read as follows: “Resorting to operations of mingled sperm and embryos as necessary to avoid mixing them with other ones, or getting used in a manner that violates this law, and consequently lead to mixing of parentage in both situations.

Fourth: Article (15), paragraph (B), which states: “Mingled sperm, or embryos should be preserved for no more than ten years ,  through a written request submitted by the husband in case of mingled sperm, and the two spouses in case of embryos.“ The Board reaffirms its earlier resolution, which indicates that the ten-year period is too long, and recommends limiting it until the success of the fertilization process and the delivery of a sound baby as a result. Thus, this paragraph should read as follows: “Mingled sperm, or embryos should be preserved for no more than ten years ,  through a written request submitted by the husband in case of mingled sperm, and the two spouses in case of embryos, until the success of the fertilization process, and the delivery of a sound baby as a result. Unneeded mingled sperms and embryos are left until they die.“

Fifth: Article (16), which states: 

A. In spite of what is stated in articles (4, 5), the Minister-by recommendation from 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 reaffirms its previous resolution that 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

     Sheikh Abd al-Kareem al-Khusaawinah

Dr. Yusuf Ali Ghaythan

Sheikh Saeed Abd al-Hafiz al-Hijawi

                                                                   Dr. Wasif al-Bakri

                                                                   Dr. Yaser al-Shamali

    Dr. Abdulsalam Al-Abbadi

 

 

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Summarized Fatawaa

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

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