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Resolutions of Iftaa' Board

Resolution No.(257): "Conditions for Donating Organs"

Date Added : 15-05-2018

Resolution No.(257)(10 /2018) by the Board of Iftaa`, Research and Islamic Studies:

"Conditions for Donating Organs"

Date: 3/Sha`ban/1439 AH, corresponding to 19/4/2018 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 fifth session held on the Above date, the Board reviewed the letter sent from His Excellency, Minister of Health, Dr. Mahmoud Ash-Shiab, and read as follows: I would like to bring to your Grace`s attention the fact that condition (3)-mentioned in Resolution No.(215), (5/2015), dated 21/Ramadan/1436 AH, corresponding to 8/7/2015 AD, issued by the Board of Iftaa`, Research and Islamic Studies: "Conditions that Permit Kidney Donation", stated: "There should be no material benefit behind this donation, and this should be ascertained through the medical, legal, and supervisory bodies. They have the right to confine the donation in accordance with the degree of kinship that they see fit. This depends on the facts that they arrive at, and what they see fit for making benefit and warding off harm." This very condition wasn`t mentioned in the Board`s Resolution No.(166)(7/2011):"Ruling of Sharia on Donating Part of the Liver", dated: 26/8/1432 AH, corresponding to 28/7/2011 AD.

Does this condition apply on donating part of the liver and other organs?

Based on the above, could Your Grace discuss this matter with the Iftaa` Board in order to deliver the proper Fatwa in this regard, including any necessary conditions, so as for this Fatwa to become reliable. This in accordance with the provisions of Article No.(3/A/1) - Benefiting from organs law and its amendments - No.(23) /1977). See attached copy.

After deliberating, the Board decided:

Organ donation is amongst the recommended charitable deeds so long as the conditions of Sharia stipulated in this regard are met. This is because it saves patient`s lives and relieves their pains. Allah, The Almighty, Says in this regard {what means}: “and if any one saved a life, it would be as if he saved the life of the whole people.” {Al-Mai`dah/32}.

The Sharia conditions in this regard are:

First: The donor should be competent, with making sure of his willingness to do so and that he isn`t being used; particularly if that person is a woman.

Second: It has been medically proven that the organ transplant is a success and useful to the patient, and that the donor`s health won`t be jeopardized, because the Sharia maxim states: “Harm shouldn`t be eliminated with a reciprocal harm.” Therefore, specialized expert doctors must be sure with certainty about the success of this procedure in every case.

Third: There should be no material benefit behind this donation, and this should be ascertained through the medical, legal, and supervisory bodies. They have the right to confine the donation in accordance with the degree of kinship that they see fit. This depends on the facts that they arrive at, and what they see fit for making benefit and warding off harm.

Fourth: All other treatments and medical procedures have been tested. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaz, Member

Judge Khalid Woraikat,    Member

Dr. Mohammad al-Zou`bi, Member

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Summarized Fatawaa

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

 
What is the ruling on the intention of fasting, where is its place, and when is its time?

The intention is a pillar of acts of worship; it is essential, and worship is not valid without it.
Its place is in the heart, and verbalizing it is recommended so that the tongue reminds the heart. Its meaning is to be determined to abstain from nullifiers of fasting during the upcoming day with the intention of worship and obedience to Allah Almighty. This meaning is naturally present in every Muslim on every night of Ramadan, so there is no need for obsessive doubts. If one says, "I intend to fast tomorrow for the sake of Allah," it removes any doubts.
Its time is from after sunset until before the true dawn.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

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