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Resolutions of Iftaa' Board


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

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

Is it permissible for a woman to give the ransom (Fidyah) for breaking her fast to her granddaughter (her son`s daughter)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a woman to give the ransom (Fidya) for breaking her fast in Ramadan to her granddaughter (her son’s daughter), provided that the girl is poor and her basic needs are not being met by the maintenance (Nafaqah) of those who are lislamically obligated to provide for her. And Allah the Exalted knows best.

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