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Resolutions of Iftaa' Board

Resolution No.(2): “Ruling on Donating Corneas ”

Date Added : 25-01-2018

Resolution No.(2) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Donating Corneas"

Date: 11/7/1404 AH; 11/4/1984 AD

 

Question:

What is the ruling on people who donate their corneas, after their death, to the blind?

Answer:

All perfect praise be to Allah; and may His blessings and peace be upon Prophet Mohammad and upon all his Family and Companions.

Principles of Islamic law permit making use of the dead peoples` corneas, by transplanting them in the eyes of the blind, or those in danger of becoming blind, within the following conditions:

1- Confirming the death of the donor.

2- Doctors assuming that the transplanting of the corneas will most probably be a success.

3- The deceased had given permission before he/she died, or his heirs permitted it.

Amongst the evidences, derived from Islamic law, permitting this matter are:

First: Transplanting organs from the deceased to the living safeguards human beings, which is one of the aims of Islamic law (Sharia).

Second: Undoubtedly, blindness, or losing sight is a damage that befalls a human being, and preventing it is a necessity, in Islamic law, that allows transplanting corneas of the deceased in the eyes of the living, and this goes in line with the agreed upon jurisprudential rulings such as: "Necessity knows no prohibitions.", "Necessity is assessed by its degree, and “The milder of two harms is permissible in case of necessity."

Third: Transplanting the cornea of a deceased person in the eyes of a blind living person to regain his/her sight isn`t the kind of mutilation which has been forbidden by the Prophet (PBUH). He (PBUH) forbade the mutilation which humiliates the dead person and violates his/her honor. In light of Islamic Sharia, the dead person is honored by having donated his/her cornea since he/she will receive a recompense from Almighty Allah. Similarly, the living is honored by regaining his/her sight, enjoying this favor bestowed upon him/her from Almighty Allah and thanking Him for it.

Therefore, Muslim jurists permit cutting open the belly of a dead pregnant woman in order to save her fetus who is most probably alive. They also permit cutting open the belly of a deceased who had swallowed the money of another person. They interpreted this permission as follows: "Honoring the living and safeguarding him/her take precedence over safeguarding the dead from mutilation ." Almighty Allah Said in the Holy Quran (What means): "Nor are alike those that are living and those that are dead." [Fatir/22].

Fourth: Islamic Sharia encouraged people to seek treatment for the Prophet (PBUH) said: "Allah has sent down ailment and cure, and made a cure for each ailment, so seek treatment, but avoid forbidden cures." Transplanting corneas of the dead in the eyes of the living is an act of treatment.

Fifth: Donating corneas to the blind is from charity that Sharia encouraged giving to those in need, for a blind person`s need for sight is greater than a poor person`s need for money, and his (the blind) need for food and drink. Prophet Mohammad (PBUH) said in this regard: "If anyone relieves a Muslim believer from one of the hardships of this worldly life, Allah will relieve him of one of the hardships of the Day of Resurrection. If anyone makes it easy for the one who is indebted to him (while finding it difficult to repay), Allah will make it easy for him in this worldly life and in the Hereafter, and if anyone conceals the faults of a Muslim, Allah will conceal his faults in this world and in the Hereafter. Allah helps His slave as long as he helps his brother.” [Moslim]. And Allah Knows Best.

 

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Summarized Fatawaa

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

What is the ruling on performing istinja' with perfumed tissues or a tissue moistened with water?

Performing istinja' with perfumed or moistened tissues is not sufficient if they are not dry, due to the moisture on them reaching the impurity, which increases its spread rather than reducing it. Then, to remove the impurity, one must use pure water. And Allah the Almighty knows best.

What is the ruling on the ablution of one who touches his wife without a barrier?

In the Shafi'i school, a man's ablution is invalidated by touching his wife if their skins meet (in any place) without a barrier, whether the touch is intentional or accidental. An exception to this is touching hair, teeth, or nails; these do not invalidate ablution. And Allah the Almighty knows best.

What is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

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