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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 of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.
 
A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.
 
Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

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