عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(252): "Mother Authorizing Hospital to Treat Child"

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

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What is the ruling on someone who eats or drinks thinking that the night is still present, then realizes that dawn has broken?

Whoever eats or drinks thinking that the night is still present, then later discovers that dawn has broken, must refrain from eating and drinking for the rest of the day out of respect for the sacred month. However, they must make up that day after Ramadan, and there is no sin upon them.

See More