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Resolutions of Iftaa' Board

Resolution No.(189): "Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date Added : 18-11-2015

Resolution No.(189)(9/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date: 27/Tholqidah/1434 AH, corresponding to 3/10/2013.

 

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

Elaborating on its earlier resolution No.(6/2013) which included special amendments to the stem cells system, the Board decided what follows:

In terms of medicine, stem cells are unspecialized (undifferentiated) cells that are characteristically of the same family type (lineage). They retain the ability to divide throughout life and give rise to cells that can become highly specialized and take the place of cells that die or are lost. Stem cells contribute to the body`s ability to renew and repair its tissues. Based on their source, stem cells are divided into the following types; each has its own ruling from the perspective of Sharia:

Type One: Human Embryonic Stem Cells

These are taken from fertilized eggs that are left over from in vitro fertilization (IVF), starting from the date of fertilization and ending after five days from the start of the sequential segmentations.

For this type to be considered permissible, fertilization should take place between two spouses who wish to beget children, and whose marriage contract is valid. This is provided that they abide by the specified number of fertilization attempts along with observing the rules of Sharia concerning the test-tube babies.

Type Two: Adult Stem Cells:

These are taken from the umbilical cord after delivery, milk teeth, different tissues of a human being after being born, aborted fetuses, tissues of fetuses implanted in the uterus or the umbilical cord or the placenta and its membrane, and the amniotic fluid,  whether inside the uterus or outside it.

Using this type of cells is permissible; however, proper legislations should be set up in order to ban deliberate abortion that aims at obtaining them. It is also important to avoid taking advantage of illegal abortion, because the use of these cells could lead to legalizing such abortion.

Type Three: Induced Pluripotent Stem Cells:

They are specialized adult cells that can be programmed into cells that behave like embryonic stem cells.

Type Four: Hybrid Stem Cells:

These cells result from combining human DNA with a non-human cell.

Islamic Sharia permits using the third and the fourth types because there is no Sharia evidence that forbids them. This is provided that they aren`t implanted in a woman`s womb and they aren`t used for increasing mankind.

In conclusion, it is conditioned that the above mentioned types don`t cause any harm to mankind and that the medical rules and regulations are observed. The Legislation and Opinion Bureau has worked out a draft-law to that end and it was ratified by the Iftaa` Board which made key amendments to it in order to make sure that the rules of Sharia are abided by. And Allah Knows Best. 

 

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

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

How is the niṣāb (minimum threshold) of gold calculated when one owns gold of multiple different karats?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for Zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
If one owns gold of multiple different karats, the person paying zakāh should calculate the monetary value of all the gold he owns, combining these values together to determine whether the total reaches the niṣāb. He then pays zakāh on this combined monetary value, once the total reaches the niṣāb. The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due. And Allah, the Exalted, knows best.

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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