Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(231): "The Legitimacy of the Arab Agreement on Banning Human Cloning"

Date Added : 04-01-2017

Resolution No. (231) by the Board of Iftaa', Research and Islamic Studies:

"The Legitimacy of the Arab Agreement on Banning Human Cloning"

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

 

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Muhammad and upon all of his family and companions.

On its twelfth session held on the above date, the Board reviewed the question of his Excellency the Minister of Islamic  Awqaf, Islamic Affairs and Holy Places Dr. Wa`el 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 AD), including the report and the recommendations issued by the concerned committee, during its sixth session held from the 28th to the 29th of Sept. 2016, as well as  representatives from the Ministries of Justice, Health, Interior and Official Religious Affairs in the Arab countries, in order to prepare the draft of the Arab agreement on banning human cloning. Could your Grace clarify the legal ruling on the articles of the aforementioned agreement? 

After prolonged deliberations, the Board decided what follows:

In light of scholar`s consensus that safeguarding human dignity from aggression or degradation is a legal obligation and the earlier resolutions issued by the Iftaa` Board and the Islamic Fiqh Academies, the articles of the aforementioned agreement don`t violate the rules of Islamic Law (Sharia). And Allah Knows Best.

 

Chairman of the Iftaa Board,  Sheikh Abdulkareem  Al-Khasawneh

Vice–chairman Prof. Ahmad Hilayel                Prof. Abed Al-Naser Abu Al-Basal           

Sheik Sa`eed Hijjawee / Member          Sheik Ghalib Al-Rbaba'h / Member

Dr. Muhammad Khaar Al-Aisaa' / Member                Judge Khaled Woraikat /Member

Dr. Muhammad Al-Khalyla / Member           Dr. Muhammad Al-Zouby / Member               

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible for the mother to give her children from the Zakah (obligatory charity) of her money?

It is permissible for the mother to give her children from the Zakah of her money if they are Zakah-eligible recipients, and she isn`t obliged to provide for them.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.