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Resolutions of Iftaa' Board

Resolution No.(194): "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date Added : 23-11-2015

 

Resolution  No.(194) (2/2014) by The Board of Iftaa`, Research and Islamic Studies:

 "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date: (7/Rabi`a Al-Awwal/1435 A.H), corresponding to (9/1/2014 A.D)

All perfect praise is due 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.

On its eleventh session held on the above given date, the Board of Iftaa`, Research and Islamic Studies reviewed the ruling of Sharia on removing the uterus of mentally challenged girls under the pretext that it causes health risks and affects their personal hygiene. Having taken the technical opinion of educational specialists and doctors into consideration and having become familiar with the negative effects of the aforementioned procedure, the Board decided what follows:

Ablating an organ that has been created by Allah is impermissible, save in hopeless cases. As for those who are physically, or mentally challenged, we see no valid excuse for allowing  such kind of procedure since it violates Allah`s creation, causes health risks due to cutting and surgery, and leads to negative effects that facilitate offending these girls and inflicting harm on them.

It is the duty of their parents and guardians to protect them against any harm. Society should also protect them against different types of abuse through taking all the necessary measures which guarantee that, because it is the right of the weak to be protected, and failure to perform that role makes the aforesaid parties sinful and that sin multiplies every time he/she (The challenged) is being abused. Therefore, families that are afflicted with challenged children as well as society should  exercise patience when dealing with them and seek the recompense from Allah. Our Prophet Mohammad (PBUH) said in this regard: “All of you are guardians and responsible for your wards and the things under your care.”  {Bukhari and Muslim}. And Allah Knows Best.

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

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

Prof. Hayel Abdulhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Prof. Mohammad Al-Qudat/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr.Wasif Al-Bak`kri/ Member

 

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Summarized Fatawaa

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

Is it permissible for a menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

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