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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 are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

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