Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(152): "Ruling on Tubal Ligation and Aborting some Embryos to Save others"

Date Added : 02-11-2015

 

Resolution No.(152) (17/2010)  by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Tubal Ligation and Aborting some Embryos to Save others"

Date: 2/9/1431 AH, corresponding to 12/8/2010 AD.

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

During its ninth session held on the above given date, the Board reviewed the following medical questions:

Question No.(1): A thirty-two-year old female patient, who has two kids, underwent endometrial resection due to recurrent bleeding. Although it is a contraceptive procedure, there is a possibility that a part of the endometrium could remain untouched. Therefore, if an ovum gets stuck in that part, it will lead to many complications, such as the placenta accrete. Thus, is it permissible to carry out tubal ligation for this patient as a contraceptive measure and to prevent the aforementioned complications?

Answer: The Sharia principle established by the evidences from the Noble Quran and the Prophetic Sunnah is that it is forbidden to use any permanent contraceptives that lead to ending one`s offspring. It has been reported by Bukhari and Muslim that the Prophet (PBUH) forbade self castration; therefore, the same rule applies to every means that stops giving birth completely or removes desire, even under the pretext of poverty or unwillingness to have children.

Urgent cases are exempted from the aforementioned rule (forbiddance); therefore, once it has been established by doctors that the pregnancy of a certain woman will jeopardize her life or inflict great damage to her health-only then-there is no harm in conducting tubal ligation.

Accordingly, conducting tubal ligation in the above mentioned case is permissible in order to rescue that woman from an imminent danger in case she became pregnant, as determined by trustworthy doctors.

Question (2): A forty-two-year old female patient who has three boys and two girls, and is thirty three weeks pregnant. She, along with her husband, is willing to undergo tubal ligation while giving birth in case the fetus remained in breech position and can be delivered only through a caesarean. It is worth mentioning that the fetus is inflicted with a congenital condition, which is the smallness of the left ventricle. It is a kind of deformation that usually leads to the death of the fetus after its delivery. She also suffers from general fatigue and high blood pressure. 

Answer: In this case, tubal ligation is impermissible because the pregnancy doesn`t jeopardize  the mother`s life and there are other methods of birth control which are easier, more available and don`t have complications that could lead to ending birth giving, according to the opinion of specialized doctors.

Question (3): A woman got pregnant by undergoing (IVF), or (test-tube-baby). After three months, it turned out that she was pregnant with seven embryos. Is it permissible to abort some of them by a lethal injection so as for others to be saved and delivered naturally?

Answer: If this large number of embryos causes serious complications to the mother or endangers her life or-mostly- aborts all the embryos, then there is no harm in aborting some of them to ward off these dangers. And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

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Summarized Fatawaa

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

What is the ruling on entering the toilet with something containing the remembrance of Allah?

It is disliked to bring into the toilet anything containing a reminder of Allah, such as the Quran or a sacred name (like the name of Allah, Muhammad, etc.). If one does that, etiquette dictates that he conceal it so it is not visible while entering the toilet, either by cupping his hands over it, putting it in his pocket, or inside his shirt if it is a necklace or ring. And Allah  the Almighty knows best.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.