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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

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

Is it permissible for a woman to lead other women in prayer?

Yes, it is permissible for a woman to lead other women in prayer. The most knowledgeable among them in the rulings of prayer should act as the imam. She should stand in the middle of the row, slightly ahead of the others.

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

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