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Resolutions of Iftaa' Board

Resolution No.(230): "The Legitimacy of the Arab Agreement on Organizing Transplantation of Humans Organs and Tissues and Banning to Trade with"

Date Added : 10-05-2017

 

Resolution No. (230) By the Board of Iftaa', Research and Islamic Studies:

"The Legitimacy of the Arab Agreement on Organizing Transplantation of Human Organs and Tissues and Banning to Trade With"

Date (22/Rabea' Al-Aoal /1438 AH) corresponding to (22/12/2016 AD).

 

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

On its twelfth session held on the above date, the Board reviewed the question of his Excellency, Minister of Islamic  Awqaf, Isalmic Affairs and Holy Places Dr. Wae'l Arabiat , and it reads as follows:

I have enclosed the memorandum of the General Secretariat of the Arab League No.(3/2984),(12/10/2016), in addition to the report and the recommendations issued by the concerned committee  and  representatives from Ministries of Justice, Health, Interior and Official Religious Affairs in the Arab countries, in order to prepare the draft of the Arab agreement for organizing transplantation of human organs and tissues and banning trading with them. Could your Grace clarify the legal ruling on the articles of the aforementioned agreement? After prolonged deliberations, the Board decided the following:

In light of scholars' consensus on preserving human dignity from any violation or abuse as well as earlier resolutions of the Iftaa` Board and the Islamic Fiqh Academies, the articles of the aforementioned agreement don`t violate the rules of Sharia. And Allah Knows Best.

 

Chairman of the Iftaa Board, Sheikh Abdulkareem  Al-Khasawneh
 Vice – chairman Prof. Ahmad Hlyal     Prof. Abd An-Naser Abu Al-Bsal            
Sheik Saeed Al-Hijawee/member    Sheik Ghaleb Al-Rbaba'h/member
Dr. Muhammad Khaar Al-Aisaa'/member             Judge Khaled Wrekat/member
Dr. Muhammad Al-Khalyla/member       Dr. Muhammad Al-Zouby/member               

 

 

 

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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.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

Should nail polish be removed before making ablution?

Yes, it should be removed because it prevents water from reaching the nails.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

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