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Resolutions of Iftaa' Board

Resolution No.(248): "Ruling on Freezing Woman`s Eggs"

Date Added : 06-12-2017

 

Resolution No.(248)(17/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Freezing Woman`s Eggs"

Date: 2/Rabi` Al-Thani/1439, corresponding to 21/11/2017.

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

During its 13th session held on the above date, the Board reviewed a question sent via the Electronic Website of the General Iftaa` Department and reads as follows:

I`m twenty eight years old and I`m undergoing chemotherapy. I have marital problems and filed for divorce. My question is: Is it permissible to withdraw eggs from my ovaries to preserve them for future use, in case I was married to another man, or should divorce take place first, then observe my Iddah (Waiting period after divorce or death of husband), then undergo that procedure?

After deliberating, the Board arrived at the following:

Freezing eggs or sperms is among the innovative matters resulting from 

medical advancement. Therefore, clarifying the ruling of Sharia on such matters should rest on two general rules of Sharia:

First: In principle, making use of medical treatment is lawful since the Messenger of Allah said: "Make use of medical treatment, for Allah has not made a disease without appointing a remedy for it, with the exception of one disease, namely old age." {Ahmad}.

Second: Preserving lineage and observing the sanctity of the wedlock.

If the owners of these eggs and sperms adhered to fertilizing them during valid marriage contracts, there is no harm in doing that when necessary, whether their withdrawal and freezing was done during singlehood or a past marriage. What counts, here, is observing the sanctity of the fertilization by performing it during a valid marriage contract for both spouses. However, it is safer and more prudent for the woman to freeze her eggs and fertilize them within one valid marriage contract, and this is more preferable. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

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Summarized Fatawaa

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

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

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

What is the ruling on using moisturizing creams on the skin during the day in Ramadan?

Using moisturizing creams on the skin does not break the fast because they do not enter the body cavity (jauf). Any absorption that occurs through the skin pores does not count as entering through an open passage.

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.

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