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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

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Summarized Fatawaa

My maternal aunt`s son is living abroad; however, both our families have recited Al-Fatehah declaring our engagement. We have been engaged for three months, but the marriage contract wasn`t concluded because he couldn`t come to Jordan since my mother and brothers are abroad. Is it allowed that he sees my picture without Hijab knowing that the marriage contract will be concluded at the first opportunity?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Betrothal is a promise to marry, so your betrothed is a stranger to you and isn`t permitted to look at you even through a picture. Once your marriage contract is concluded, you become husband and wife and he can look at you as much as he wants. Moreover, he may deputize his father to carry out the procedures of the marriage on his behalf. And Allah The Almighty Knows Best.

Is Zakah (obligatory charity) obligatory on indebted merchant?

Debt doesn`t abrogate the dueness of Zakah, thus a debtor who has money, articles of merchandise, or other Zakah funds at his disposal should pay their Zakah.

What is the ruling on making up for missed fasting after the second half of Sha`ban (the month before Ramadhaan)?

One is obliged to make up for missed fasting before the start of next Ramadhaan, and regardless of offering it during the first, or the second half of Shab`an. This is because the prohibition mentioned in the Hadith is for offering absolute voluntary fasting in the second half of Sha`ban. And Allah Knows Best.

I had my menstrual period at the beginning of Ramadan for six days, then it ended and I became pure. After four days, I started noticing some blood again, which has lasted for two days now, but it is not as heavy as menstrual blood. Is this blood considered menstrual blood, and what is the ruling regarding my prayers, fasting, and reading the Quran during this period?
 

All praise is due to Allah, and peace and blessings be upon our Prophet Muhammad.
The minimum duration of menstruation is one day and one night, and its maximum is fifteen days. Any blood beyond this period is considered irregular bleeding (Istihada). Since the bleeding did not exceed fifteen days, it is considered menstrual blood within the regular cycle. Therefore, you should not pray or fast until the bleeding stops and the signs of purity appear. If the bleeding stops before fifteen days from when it first started, then all the blood you saw is considered menstrual blood, and you must make up the fasts, but not the prayers. If it exceeds fifteen days, then the first six days are menstrual blood, and the blood that follows is considered irregular bleeding. Your prayers and fasting are valid, and there is no issue with them. And Allah Knows Best."
 
*This answer was updated on [18/5/2023].

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