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

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.