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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 forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.
● If their total fasts add up to 29 days, nothing is required of them.
● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

What is the ruling of Islamic Law on speaking with one's fiancée (before the marriage contract) by telephone and WhatsApp?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Before the marriage contract, the two engaged persons remain non-mahram (strangers) to one another. Reciting al-Fātiḥah, receiving some money on account of the dowry (mahr), or accepting a gift are all merely a promise of marriage and not a valid contract under the Sharīʿah.
It is therefore forbidden for the engaged couple, before the marriage contract is concluded, to be alone together (khalwah) or to shake hands. It is likewise forbidden to speak by telephone or correspond without need. And Allah Almighty knows best.

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