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Resolutions of Iftaa' Board

Prohibiting the removal of the uteri of challenged girls

Date Added : 05-10-2015

Resolution No. (194) (2/2014) by the Board of Iftaa`, Research and Islamic Studies

Date: (7/ Rabia 1st./ 1435 AH)  corresponding to(9/1/2014  AD)

 Prohibiting the  removal of the uteri of challenged girls, and society`s responsibility towards them

 

Praise be to Allah, and peace and blessings be upon our master, Prophet  Muhammad and  upon  all his family and companions:

The Iftaa` Board, in its 11th session held on Thursday (7 /Rabia1st./ 1435AH) corresponding to  (9/1/2014AD), reviewed  the issue of Sharia ruling on removing  the uteri of mentally challenged girls  under the pretext that such procedure relieves them from health problems and maintains  their personal hygiene. Therefore, the Board has considered  the views of  specialized educators and physicians, and consequently realized the negative effects of such operations. After careful review  and deliberation, it decided the following:

It is only  permissible to remove an organ of Allah`s ,The Almighty`s, creation  in cases that are treated with such procedure. As regards mentally and physically challenged girls, the Board sees no excuse allowing such operations which involve interfering with Allah`s creation, surgical risks,  and negative effects which facilitate abuse and harm  to those girls.

It is incumbent upon the parents and guardians  to take care of their challenged daughters   and keep them out of harm’s way. Societies are also responsible for  protecting  them against all kinds of exploitation and enacting laws necessary to ensure that  end since it is their right to be taken care of, so that the sin of those in charge of them is not multiplied once these girls are being abused. This requires all members of society to exercise patience with such  group  of people and seek reward from Allah for facilitating their life for the Prophet(PBUH) said in this regard: “Everyone of you is a guardian, and responsible for what is in his custody..”{Al-Bukhari and Muslim}.And Allah knows best.


Chairman of the Iftaa` Board:

The Grand Mufti of the Hashemite Kingdom of Jordan, Sheikh Abdul Karim Al-Khasawneh

Vice Chairman of Iftaa` Board, Prof. Ahmed Helayel

Prof. Hayil Abdul Hafeez/member

Prof. Abdul Razaq Abu Al-Basal/member

His Eminence Shaykh Sa'id Hijjawi/member

Dr. Yahya Al-Btoush/ member

Dr. Mohammad Al-Qudah/member

Dr. Mohammed Al-Khalayleh/member

Dr. Wasif Al-Bakri/ member

Dr. Mohammad Al-Zoubi/ member

Executive secretary of the Iftaa Board: Dr. Jamil Abu Sarah

 

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Summarized Fatawaa

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

Is it permissible to participate in an Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the sacrificial offering (Udhiyah), if it is a sheep or a goat, it only avails for one person. However, if it is a cow or a camel, it avails for seven people. It is permissible for the seven participants to have different intentions; for example, some may intend the sacrifice (Udhiyah), some the ’Aqiqah (sacrifice for a newborn), and others may simply intend to obtain meat.
 
It is stated in Hashiyat Qalyubi ‘ala Sharh al-Mahalli (Vol.4/P.256) and in Bushra al-Karim (p. 706):
 
"If one slaughters a camel or a cow on behalf of seven... it is permissible. Likewise, it is permissible if some of them intend their seventh for meat, and others intend their seventh for ’Aqiqah." And Allah the Almighty knows best.

What is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

Is it permissible to offer an absentee funeral prayer?

Yes, it is permissible to offer an absentee funeral prayer.

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