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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 offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

What is the ruling of Islamic Law on wearing energy stones?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to a woman adorning herself with precious and semi-precious stones — such as ruby, carnelian, or the like — so long as these are stones that women customarily wear as adornment.
As for what are known as "energy stones," if they are used with the intention of seeking remedy and healing, then such matters are governed by experimentation and scientific study — which either establishes that they have a tangible effect or does not — and all of this operates by the permission and will of Allah, Glorified and Exalted. If studies or practical experience do establish that such stones carry a beneficial effect upon human health, then there is no objection to using them. They are, after all, part of Allah's creation, much like medicinal substances extracted from plants or derived from other created things — provided that the Muslim does not believe that the stone itself is the source of benefit or harm. It is nothing more than a means among the many means that Allah has placed in this world, and the reality of all affairs belongs to Allah alone. And Allah the Almighty knows best.

Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.

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