Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(230): "The Legitimacy of the Arab Agreement on Organizing Transplantation of Humans Organs and Tissues and Banning to Trade with"

Date Added : 10-05-2017

 

Resolution No. (230) By the Board of Iftaa', Research and Islamic Studies:

"The Legitimacy of the Arab Agreement on Organizing Transplantation of Human Organs and Tissues and Banning to Trade With"

Date (22/Rabea' Al-Aoal /1438 AH) corresponding to (22/12/2016 AD).

 

 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

On its twelfth session held on the above date, the Board reviewed the question of his Excellency, Minister of Islamic  Awqaf, Isalmic Affairs and Holy Places Dr. Wae'l Arabiat , and it reads as follows:

I have enclosed the memorandum of the General Secretariat of the Arab League No.(3/2984),(12/10/2016), in addition to the report and the recommendations issued by the concerned committee  and  representatives from Ministries of Justice, Health, Interior and Official Religious Affairs in the Arab countries, in order to prepare the draft of the Arab agreement for organizing transplantation of human organs and tissues and banning trading with them. Could your Grace clarify the legal ruling on the articles of the aforementioned agreement? After prolonged deliberations, the Board decided the following:

In light of scholars' consensus on preserving human dignity from any violation or abuse as well as earlier resolutions of the Iftaa` Board and the Islamic Fiqh Academies, the articles of the aforementioned agreement don`t violate the rules of Sharia. And Allah Knows Best.

 

Chairman of the Iftaa Board, Sheikh Abdulkareem  Al-Khasawneh
 Vice – chairman Prof. Ahmad Hlyal     Prof. Abd An-Naser Abu Al-Bsal            
Sheik Saeed Al-Hijawee/member    Sheik Ghaleb Al-Rbaba'h/member
Dr. Muhammad Khaar Al-Aisaa'/member             Judge Khaled Wrekat/member
Dr. Muhammad Al-Khalyla/member       Dr. Muhammad Al-Zouby/member               

 

 

 

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Summarized Fatawaa

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

What is the ruling on someone who combines two prayers as an early combination (jam‘ taqdīm), and then arrives at his place of residence during the time of the second prayer — is he obligated to repeat it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever combines Ẓuhr and ‘Aṣr while traveling — that is, before he has reached the built-up boundaries of his hometown [upon returning] — his combination (jam‘) of the two prayers remains valid, even if he arrives at his place of residence before the time for the second prayer has actually begun. This is because the combination was already validly completed with its proper conditions fulfilled, and he is not obligated to repeat the second prayer [upon arrival].
A traveler is permitted to make use of the concessions of shortening (qaṣr) and combining (jam‘) prayers once the distance of travel reaches (81 km) or more, provided that his journey is a permissible one, and that he begins shortening and combining only after actually setting out on the journey and passing beyond the built-up limits of the city in which he resides. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.