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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 a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty 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.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

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