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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 05-10-2015

Resolution  No.(207)( 17 /2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Testing Drugs on People for Money"

Date 30/Zolqidah/1435AH, corresponding to 25/9/2014AD

 

All perfect praise is due to Allah, blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday(30/Zolqidah/1435 A.H)-(25/9/2014 A.D), the question submitted by one of the citizens and reads as follows: 

Some research and studies centers in Jordan produce certain medications which they experiment on some people in return for money, and before distributing them in the market. What is the ruling on cooperating with such centers for this purpose in return for money ?

After careful study and deliberation, the Board decided what follows:

Protecting one`s life is among the five necessities which the Islamic Sharia came to preserve, whether by prevention, or by cure as shown by the following verse: “Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!.” {An-Nisa/29}.

Protecting life is considered in its totality according to the Sharia maxim: the general interest is given precedence over the private interest. Also, Al-Izz Bin Abdusalaam (May Allah bless his soul) said: “The general interest is tantamount to the private necessity. “

Accordingly, testing a medication on a human being-if the doctors thought it was most probably useful- is a permissible act, provided that the following conditions are met:

First: The research centers should take all the necessary precautions and carry out all the experiments which indicate that the medication is chemically sound and doesn`t cause clear damage to the healthy, or the unhealthy persons.

Second: The research and the experiments should be conducted by the authorized  centers which adhere to the most elevated standards of methodical academic research under the supervision of qualified experts.

Third: The research centers should adhere to the laws and regulations that govern their work in a bid to avert suspicion, negligence, and competition among the manufacturing companies at the expense of people`s health. We call on the legislative and supervisory institutions to monitor this sector and address any shortage, or weakness in the legislations from which the defect is most likely to happen.

If the aforesaid conditions were met, then there is no harm, by The Will of Allah, and it becomes permissible for the citizen to make a sacrifice by trying the medication, even for money. This is because, in the past, the Muslim jurists permitted taking medications although they didn`t undergo any experimentations and no precautions were taken before trying them on people. Thus, the questioner should know that it is permissible for an individual to cooperate with such centers if they meet the above conditions. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Prof. Ahmad Helayel/ Member

Dr. Hayel Abdolhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mohammad Al-Qodah/ Member

Dr. Wasif Al-Bakkri/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Is it permissible for a person, who vowed to offer two Rak`ahs(units of prayer) everyday for Allah`s sake, to do so after the Fajr(dawn) prayer?

In principle, a vow should be fulfilled as it was originally intended, and if its time lapses then, it should be fulfilled at any time because of the vow. Therefore, it is permissible to offer them after the Fajr prayer, and there is no prohibition in doing so. However, it is preferable for him to offer these two Rak`ahs at some other time to avoid the disagreement amongst the scholars in this regard.

Is a woman`s face an Awrah (a private part) that should be covered?

During prayer, a woman`s whole body is a private part except the hands and the face. Outside the time of prayer, scholars agree that a woman should put on her Islamic wear to avoid temptation.

I`m a married young man. I fell in love with a widow and proposed to her but her family refused because they feared that this would have an adverse impact on the future of her children. However, we entered into unregistered marriage and told my family and even my wife about it. I`m a god-fearing person and want to clear myself from any liability before Allah. What should I do?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is imperative that you proclaim this marriage to preserve rights. Therefore, you must register it in an Islamic court. A second marriage isn`t forbidden, however, if the unregistered marriage had taken place without the consent of the woman`s guardian nor the presence of two honorable witnesses, then it is considered void and your relationship with this woman is forbidden. Therefore, you must conclude a new marriage contract with the approval of her guardian and the presence of two honorable witnesses. We advise you to fear Allah and adhere to the teachings of Sharia in this regard since sinful conduct is that which turns in your heart (making you feel uncomfortable) and you dislike that it would be disclosed to other people. And Allah the Almighty knows best.

What is the Islamic ruling on adoption, and what is the legal window through which a person can be kind to an orphan girl, attend to her needs and raise her as his own?

Kindness to an orphan entails a great reward from Allah, but adoption is prohibited and invalid. Therefore, it is permissible for the aforementioned person(for example) to make his brother`s wife breastfeed that girl so that he becomes her uncle by suckling provided that he informs her that she isn`t his biological daughter.

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