Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 03-04-2018

Resolution No.(252)(5/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Mother Authorizing Hospital to Treat Child"

Date: 6/Jumada Al-Akhirah/1439 AH, corresponding to 22/2/2018.

 

 

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

 

During its third session held on the above date, the Board reviewed the question sent from Dr. Ali Mish`al and Dr. Mou`min Al-Hadidi, and it read as follows:

How legal is it for a mother to authorize hospital to treat her minors or mentally disabled children? Is that an exclusive right of the father and male blood relatives who can act on his behalf? Or is it permissible for the mother to make the authorization, knowing that, in some cases, she commits herself to covering the expenses?

 

After deliberating, the Board decided what follows:

 

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

 

Islamic Law has given incompetent persons-the child, the mad and the like-the right to receive all types of care, such as that pertaining to health and medical treatment. It has made this the responsibility of the guardian, and gave the father the right to guardianship, at first, in order to put its requirements in order. However, no matter who the guardian may be, his/her actions should be in the best interest of those under his/her guardianship when it comes to their material rights, expenses and else. For example, the right to receive the best and most suitable medical care. Al-Imam Ar-Ramli (May Allah have mercy on his soul) said: "It is incumbent upon the guardian-father or else- to act in the best interest of those under his guardianship, because Allah, The Almighty, Said (What means): "And approach not the wealth of the orphan save with that which is better" {Al-An`am, 152}. He, The Exalted, also Said (What means): "And if ye mingle your affairs with theirs, then (they are) your brothers. Allah knoweth him who spoileth from him who improveth." {Al-Baqarah, 220}." {Moghni Al-Mohtajj}.

 

An example on this care is providing the child and other incompetent persons with medical treatment without delay so as to spare them any harm. Therefore, if it was difficult for the hospital to obtain an authorization from the father or the grandfather, then it is permissible to obtain it from the mother. This is based on the Sharia maxim {Which means}: "What we can`t do, doesn`t annul what we can do" In other words, since treating a patient is obligatory in all situations, so we don`t abstain from that because some guardians aren`t available; rather, some jurists have made all Muslims, in general, responsible for providing care to whoever doesn`t have a guardian. Therefore, it is imperative that the hospital acts in the best interest of the patients regardless of who the guardian may be, because every course of action that inflicts harm on the patient is prohibited. This is based on the Hadith in which the Messenger of Allah said: “There should be neither harming nor reciprocating harm.” {Ibn Majah}.

 

In its resolution No.(10/18), the International Islamic Fiqh Academy permitted initiating medical treatment without securing the patient`s or guardian`s consent in the following situation: "The patient is in critical condition that necessitates immediate medical attention to save his/her life before his or his guardian`s consent could be obtained." In this case, sufficing with the mother`s permission should take precedence.

 

However, in non-urgent cases, laws and regulations-which should be legislated with utmost care-should be observed so as for the medical interest of the "Minor" to be fulfilled. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdulnaser Abulbasal,  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-Zou`bi/ Member

Dr. Wa`el Arabyat/ Member

Prof. Abdullah Al-Fawaaz/ Member

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

There is a car dealership, and their method of selling is as follows: The customer pays the full price of the car, the car is registered in their name, and another contract is written in which the company commits to refunding the full price of the car to the customer after one year from the purchase date. What is the Islamic ruling on this transaction?

As for purchasing the car, paying its price, and owning it, this is a valid sale with no issue. However, the condition of refunding the price — whether the car is returned to the seller or not — is an invalid condition that nullifies the entire contract. Therefore, this transaction is invalid and not permissible. And Allah Knows Best.

Is it permissible for one to masturbate in order not to commit fornication?

This is called committing the milder of the two evils such as eating a carcass in fear of death, and this happens when committing fornication is very likely to occur.

For passing time, my friends and I have called a famous diviner. She told me that somebody had cast a spill on me not to get married for the rest of my life. I didn`t believe her, but I can`t forget her words. How can I protect myself from such thing?

Praise be to Allah the Lord of the Worlds.

Dealing with diviners is forbidden and what you are suffering from is due to your having consulted that diviner. Have trust in Allah and ask Him for forgiveness, but rest assured that whatever Allah has decreed will take place. And Allah The Almighty Knows Best.