Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(152): "Ruling on Tubal Ligation and Aborting some Embryos to Save others"

Date Added : 02-11-2015

 

Resolution No.(152) (17/2010)  by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Tubal Ligation and Aborting some Embryos to Save others"

Date: 2/9/1431 AH, corresponding to 12/8/2010 AD.

 

 

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 ninth session held on the above given date, the Board reviewed the following medical questions:

Question No.(1): A thirty-two-year old female patient, who has two kids, underwent endometrial resection due to recurrent bleeding. Although it is a contraceptive procedure, there is a possibility that a part of the endometrium could remain untouched. Therefore, if an ovum gets stuck in that part, it will lead to many complications, such as the placenta accrete. Thus, is it permissible to carry out tubal ligation for this patient as a contraceptive measure and to prevent the aforementioned complications?

Answer: The Sharia principle established by the evidences from the Noble Quran and the Prophetic Sunnah is that it is forbidden to use any permanent contraceptives that lead to ending one`s offspring. It has been reported by Bukhari and Muslim that the Prophet (PBUH) forbade self castration; therefore, the same rule applies to every means that stops giving birth completely or removes desire, even under the pretext of poverty or unwillingness to have children.

Urgent cases are exempted from the aforementioned rule (forbiddance); therefore, once it has been established by doctors that the pregnancy of a certain woman will jeopardize her life or inflict great damage to her health-only then-there is no harm in conducting tubal ligation.

Accordingly, conducting tubal ligation in the above mentioned case is permissible in order to rescue that woman from an imminent danger in case she became pregnant, as determined by trustworthy doctors.

Question (2): A forty-two-year old female patient who has three boys and two girls, and is thirty three weeks pregnant. She, along with her husband, is willing to undergo tubal ligation while giving birth in case the fetus remained in breech position and can be delivered only through a caesarean. It is worth mentioning that the fetus is inflicted with a congenital condition, which is the smallness of the left ventricle. It is a kind of deformation that usually leads to the death of the fetus after its delivery. She also suffers from general fatigue and high blood pressure. 

Answer: In this case, tubal ligation is impermissible because the pregnancy doesn`t jeopardize  the mother`s life and there are other methods of birth control which are easier, more available and don`t have complications that could lead to ending birth giving, according to the opinion of specialized doctors.

Question (3): A woman got pregnant by undergoing (IVF), or (test-tube-baby). After three months, it turned out that she was pregnant with seven embryos. Is it permissible to abort some of them by a lethal injection so as for others to be saved and delivered naturally?

Answer: If this large number of embryos causes serious complications to the mother or endangers her life or-mostly- aborts all the embryos, then there is no harm in aborting some of them to ward off these dangers. And Allah Knows Best.

 

 

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

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

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Summarized Fatawaa

What are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

Is it permissible to appoint a proxy for the sacrificial offering outside Jordan?

In the name of Allah; all praise is due to Allah, and peace and blessings be upon the Messenger of Allah.
 
It is permissible to appoint a proxy—whether an individual or a charitable organization—to perform the sacrificial slaughter (Udhiyah) on one’s behalf, even if it is carried out in a country other than that of the donor. This is conditional upon the proxy’s adherence to the established requirements of the Udhiyah, including the animal’s age, its freedom from physical defects, the designated timing of the slaughter, and the proper distribution of the meat.
However, it is preferable for the one offering the sacrifice to perform the slaughter personally, in order to attain the full reward and blessings of the act. And Allah (Exalted be He) knows best.

What are the valid excuses for abstaining from congregational prayer in the mosque?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Concessions (Rukhsah) are granted to abstain from congregational prayer in the mosque due to general excuses, such as: rain that causes hardship in going out, strong winds at night, heavy mud that cannot be traversed without the risk of soiling oneself, hot winds, and extreme heat or cold. There are also specific individual excuses, such as: illness that makes walking as difficult as walking in the rain, severe drowsiness, evident hunger or thirst, the suppression of bodily wastes (urine, stool, or gas), and fear for one's life, limb, physical faculty, wealth, or honor, among other valid excuses. And Allah the Exalted knows best.