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 a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.