Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Is Iddah (waiting period) incumbent on an old lady whose husband had died?

Upon the death of the husband, Iddah is incumbent on the wife regardless of her age.

Is a woman`s nephew by suckling considered a Mahram( i.e. unmarriageable)who is permitted to accompany her to Hajj?

All that is prohibited by lineage is prohibited by suckling, and a nephew by suckling is a Mahram like a nephew by lineage ;therefore, it is permissible for him to be a Mahram for his aunt in Hajj and Umrah.

What is the ruling on working for a company that manufactures cigarettes?

Working for a company that manufactures cigarettes is forbidden because smoking itself is forbidden, so its production, selling and circulation are forbidden as a result since they aid in committing sin, and whoever aids in that is like the sinner himself.

I am pregnant with more four twins since two months although I didn't have childbearing potential during the last four years. In addition, the doctor specialized in reprusccusions, already has notified me about the possible reprusccusions as a result of being pregnant with four twins as follows: abortion, metrorrhagia, premature birth, high blood pressure, gestational diabetes and the like. What is the ruling on aborting some of the aforementioned embryos? A medical report was attached in which the status of my question is clarified.

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.
If the existence of the four embryos leads to critical reprusccusions on mother's health, pose a threat over her life or abort all of her embryos, then aborting some of them is permissible to ward off some of those risks stipulated that the ages of the embryos don't exceed four months. And Allah Knows Best.