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Resolutions of Iftaa' Board

Resolution No.(189): "Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date Added : 18-11-2015

Resolution No.(189)(9/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date: 27/Tholqidah/1434 AH, corresponding to 3/10/2013.

 

All perfect praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Elaborating on its earlier resolution No.(6/2013) which included special amendments to the stem cells system, the Board decided what follows:

In terms of medicine, stem cells are unspecialized (undifferentiated) cells that are characteristically of the same family type (lineage). They retain the ability to divide throughout life and give rise to cells that can become highly specialized and take the place of cells that die or are lost. Stem cells contribute to the body`s ability to renew and repair its tissues. Based on their source, stem cells are divided into the following types; each has its own ruling from the perspective of Sharia:

Type One: Human Embryonic Stem Cells

These are taken from fertilized eggs that are left over from in vitro fertilization (IVF), starting from the date of fertilization and ending after five days from the start of the sequential segmentations.

For this type to be considered permissible, fertilization should take place between two spouses who wish to beget children, and whose marriage contract is valid. This is provided that they abide by the specified number of fertilization attempts along with observing the rules of Sharia concerning the test-tube babies.

Type Two: Adult Stem Cells:

These are taken from the umbilical cord after delivery, milk teeth, different tissues of a human being after being born, aborted fetuses, tissues of fetuses implanted in the uterus or the umbilical cord or the placenta and its membrane, and the amniotic fluid,  whether inside the uterus or outside it.

Using this type of cells is permissible; however, proper legislations should be set up in order to ban deliberate abortion that aims at obtaining them. It is also important to avoid taking advantage of illegal abortion, because the use of these cells could lead to legalizing such abortion.

Type Three: Induced Pluripotent Stem Cells:

They are specialized adult cells that can be programmed into cells that behave like embryonic stem cells.

Type Four: Hybrid Stem Cells:

These cells result from combining human DNA with a non-human cell.

Islamic Sharia permits using the third and the fourth types because there is no Sharia evidence that forbids them. This is provided that they aren`t implanted in a woman`s womb and they aren`t used for increasing mankind.

In conclusion, it is conditioned that the above mentioned types don`t cause any harm to mankind and that the medical rules and regulations are observed. The Legislation and Opinion Bureau has worked out a draft-law to that end and it was ratified by the Iftaa` Board which made key amendments to it in order to make sure that the rules of Sharia are abided by. And Allah Knows Best. 

 

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

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What advice do you have for those who spend their nights and days of Ramadan watching TV?

Time is too precious to be wasted on entertainment, let alone in the blessed month of Ramadan, where a Muslim should strive for reward and forgiveness.

Is it correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

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