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 is the Islamic ruling on smearing the head of the newborn with the blood of the `Aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is disliked (makrūh) to smear the head of the newborn with the blood of the 'aqīqah, as this is a practice that belongs to the customs of the pre-Islamic era of ignorance (Jāhiliyyah). What is Sunnah instead is to anoint the newborn's head with saffron or another pleasant fragrance. And Allah Almighty knows best.

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

What is the ruling on giving Zakah (obligatory charity) to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

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.