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Resolutions of Iftaa' Board


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 valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the money saved for marriage?

Zakah is due on the money saved for marriage if it reached the Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over possessing it.

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

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