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Resolutions of Iftaa' Board

Resolution No. (201): "Ruling on Medical Use of Cadavers

Date Added : 05-10-2015

Resolution No. (201) (11/2014) by the of Board of Iftaa', Researches and Islamic Studies: 

"Ruling on Medical Use of Cadavers"

Date: (19 Ramadan, 1435 AH), corresponding to (17/7/2014 AD).

 

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The Board of Ifta`a and Islamic Studies, in its 9th session held on Thursday (19 Ramadan,1435AH) corresponding to (17/7/2014AD), reviewed the formal letter of His Excellency the Premier regarding giving permission to the University of Jordan to bring in four parts of frozen cadavers through the Queen Alia International Airport in order to use them for educational purposes at the morgue of the Faculty of Medicine.

After deliberation and careful study, the Board has decided what follows:

There is a consensus amongst Muslim scholars regarding the inviolability of a human being whether alive or dead, and the impermissibility of aggressing him/her. Allah, The Almighty, Says (What means): “We have honored the sons of Adam.” {Al-Isra/70}. In addition, Prophet Mohammad (PBUH) said: “Breaking the bone of the dead is the same as breaking the bone of the living" {Narrated by Abu Dawood}.

Securing  the necessary interests permits making use of these parts for medical purposes since the rules of Sharia call for getting the benefits while avoiding the shortcomings. Medical sciences and treatments are some of the most important means of acquiring safety, and learning medicine is a common obligation on the Muslim Ummah and doing so nowadays requires learning anatomy and other medical branches. Moreover, there is no doubt that parrying the harm from inflicting a living person is more important than parrying the harm from a dead person when both benefits are conflicting. Accordingly, resolutions and Fatwas were issued by the Fiqh assemblies allowing the use of dead bodies or parts of them for educational purposes. Resolution(10/1) by The Islamic Fiqh Assembly in Mecca stresses the inviolability of the dead and the impermissibility of deforming his/her corpse since the rights of a Muslim must not be violated regardless of whether he is alive or dead.

Based on the aforementioned, there is no harm in allowing the university of Jordan to bring parts of corpses for educational purposes. And Allah Knows Best.

 

The Grand Mufti of Joradan , Sheikh Abdul Karim Al-Khasawneh

Dr. Hayel Abdel Hafiz / Member                                                     Prof.   Abdunassir Abu Al-Bassal / Member

Sheikh Sa'id Hijjawi / Member

 Dr. Yahya Al-Btoush / Member

 Dr. Mohammad Khair Al-Issa / Member

Prof. Mohammad Al-Qhidah

Dr. Mohammed Al-Khalayleh/Member

Dr. Wasif Al-Bakri / Member  (Disagrees with reservation)              Dr. Mohamed Al Zoubi, Member

 

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Summarized Fatawaa

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the ruling of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.
Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

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