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Resolutions of Iftaa' Board

Resolution No.(121),(8/2008): “Proposed Amendments to the Draft Bill of Licensing and Regulating Artificial Insemination Centers“

Date Added : 02-11-2015

 

Resolution No.(121),(8/2008): “Proposed Amendments to the Draft Bill of Licensing and Regulating Artificial Insemination Centers“

Date: 29/11/1429 AH, corresponding to 27/11/2008 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.

On the above date, the Board reviewed the letter of the Director of the Awqaf Funds Development Foundation, No.5/5/3/321, 19/2/2007 AH, 12/1/1429 AD, whereby he asked the Iftaa` Board to clarify the ruling of Sharia regarding the draft bill of licensing and regulating Artificial Insemination centers.

 

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

 

First: Article (10), paragraph (1) which pertains to the regulations to be adhered to by the licensed center in accordance to the provisions of this law, and reads: “Technology aiding in giving birth is the only means for giving birth after having established that natural conception is impossible, for at least one year, unless there is a pre-diagnosis indicating that the woman is barren, then the couple don`t wait for that period.“ The Board recommends deleting this paragraph since it isn`t permissible to provide technical aid for giving birth in case it has been established that both spouses, or one of them is sterile. Islamic Sharia forbids confirming sterility makes giving birth without the interference of a third party impossible, and any external interference in such situation.

 

The draft bill of birth giving aiding technologies for the year 2007, article (13), paragraph (D) states: 

As regards medical technologies, the following is banned:

 

D- Aiding in giving birth in case sterility of either spouses or one of them was established.

 

Second: Article (14), paragraph (2), which pertains to the preservation of embryos and sperms, states: “ The preservation of embryos for no more than five years, and sperms for no more than ten years for future birth giving in favor of both spouses and in accordance with the regulations and decisions pertaining to this law.“

The Board views that these periods are long and recommends limiting them to the time when the fertilization process succeeds and a healthy baby is born. Thus, this paragraph should be as follows: “The mingled sperms, or embryos shall be preserved through a written request submitted by the concerned husband, as regards the sperms, and both spouses as regards the embryos until the fertilization process succeeds and a healthy baby is born as a result. Extra sperms and embryos are left unattended until they perish." And Allah The Almighty Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti O Jordan, Dr. Nooh Salman

Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel

                    Sheikh Abdulkareem Khasawneh

 Sheikh Sa`eid Hijjawi

               Dr. Mohammad Khair Al-Esaa

                                                                   Judge Sari Attieh

       Dr. Abdulrahaman Ibdah

   Dr. Mohammad Oklah

               Dr. Abdulnassir Abu al-Bassal

Executive Secretary of the Iftaa` Board, Dr. Mohammad Al-Khalayleh

 

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Summarized Fatawaa

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

Is the one who gives up on marriage because he can`t afford it considered sinful?

Marriage is desirable, but one who can`t afford it isn`t considered sinful. However, he should supplicate to Allah, and seek His forgiveness.

Is a woman`s prayer considered invalid if non-Mahrams (marriageable men) saw her offering it?

A woman`s prayer isn`t invalidated if non-Mahrams saw her offering it, but she had better pray in isolation.

What are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.

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