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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

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

What is the ruling on wiping the white area behind the ears instead of wiping the head?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. Wiping the white area behind the ears suffices for that. And Allah the almighty knows best.

What is the ruling on wiping over socks?

It is not permissible to wipe over most common socks today because the conditions for wiping are not met. The concession was reported for wiping over leather socks (khuff) and socks (jowrab) with conditions: They must be thick, not allowing poured water to penetrate, enable one to walk in them, be worn while in a state of purity (from ablution), cover the entire foot up to the ankles (meaning covering the protruding ankle bones), and not be torn. And Allah the Almighty knows best.

What is the ruling on istibra' and how is it performed?

Istibra' (cleansing from urine) is recommended. It is for a person to ensure that nothing remains of urine in its passage before performing istinja'. Its method is: to clear the throat (or cough slightly), shake the penis (meaning to pass fingers along it to expel any remaining urine if needed), and walk a few steps to the extent that one thinks nothing of urine remains if walking is needed. Each person knows his own nature best. The preferred opinion is that this differs among people. The objective is for one to think that nothing remains in the urinary passage that he fears will exit later. And Allah the Almighty knows best.

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