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Resolutions of Iftaa' Board

Resolution No.(123): "Ruling on Giving a Kidney"

Date Added : 01-12-2015

Resolution No.(123)(10/2008): "Ruling on Giving a Kidney"

Date: 29/11/1429 AH, corresponding to 27/11/2008.

 

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.

 

In its seventh meeting and on the above date, the Board reviewed the following question:

 

I`m 37 years old and have been inflicted with diabetes for twenty four years. I also suffer from kidney failure and high blood pressure. Unfortunately, I couldn`t undergo kidney transplantation because the blood group of my brothers , sisters and kinsmen differed from mine. Moreover, I have gone to Malaysia, Egypt, Syria and have contacted people in Saudi Arabia, Pakistan, and India; however, I wasn`t fortunate enough to undergo that surgery because the law in those countries bans giving a kidney to a person from a different nationality.

 

I would like to attract your attention to the fact that my health is on the decline and I have reports proving that.

In addition, a friend of mine is willing to give me one of his kidneys for Allah`s sake. Is it permissible for a non-relative to give his kidney to a patient because the latter`s family members have a different blood group?

After researching and deliberating, the Board decided what follows:

 

Giving a kidney to the (asker) in the above situation isn`t permissible because it is a leap in the dark, it violates Sharia, and there is an available alternative: dialysis. And Allah Knows Best.

 

Chairman of the Iftaa` Board/ His Grace Dr. Nooh Al-Qhodatt

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

Sheikh Abdulkareem Khasawneh/ Member

Sheikh Sa`eed Hijjawi/ Member

              Dr. Mohammad Khair Al-`Eesa/ Member

                                                            Judge Sari Attieh/ Member

   Dr. Abdulrahman Ibdah/ Member

                       Dr. Mohammad Oklah Al-Ibraheem/ Member

            Dr. Abdulnaser Abu Al-Basal/ Member

                            Dr. Mohammad Al-Khalayleh/ Executive Secretary of the Iftaa Board        

 

 

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Summarized Fatawaa

Does using a wet miswak while fasting break the fast?

A fasting person should ensure that the miswak is dry when using it.
However, if the miswak is slightly moist but does not release any liquid when squeezed, then its use does not break the fast.

Is it permissible to participate in an Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the sacrificial offering (Udhiyah), if it is a sheep or a goat, it only avails for one person. However, if it is a cow or a camel, it avails for seven people. It is permissible for the seven participants to have different intentions; for example, some may intend the sacrifice (Udhiyah), some the ’Aqiqah (sacrifice for a newborn), and others may simply intend to obtain meat.
 
It is stated in Hashiyat Qalyubi ‘ala Sharh al-Mahalli (Vol.4/P.256) and in Bushra al-Karim (p. 706):
 
"If one slaughters a camel or a cow on behalf of seven... it is permissible. Likewise, it is permissible if some of them intend their seventh for meat, and others intend their seventh for ’Aqiqah." And Allah the Almighty knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

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