Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(187): "Stem Cells Law, 2013"

Date Added : 17-11-2015

Resolution No.(187) (6/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Stem Cells Law, 2013"

Date: (25/8/1434 A.H) (4/7/2013 A.D)

 


All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon all his family

and companions.

On the aforementioned date, the Board reviewed the stem cells law for the year 2013, sent by His Excellency the Chairman of the Legislation Bureau, to clarify the ruling of Sharia regarding it:
After careful study and deliberation, the Board decided what follows: 
First: The proposed draft-law pertaining to the regulation of the medical and research-based work has focused on two types of stem cells, which are: Human Embryonic Stem Cells and Somatic, or Adult Stem Cells. Little attention was given to the three other types: The Induced Pluripotent Stem Cells (IPSCs), The Somatic Cell Nuclear Transfer Stem Cells and The Hybrid Stem Cells.
An example on the aforesaid  is in article (Seven), where the word (Adult) should be deleted in order for the article to include all sources of the five types  of stem cells mentioned in Article (Three) because all of them contain a human source. Therefore, it must be ascertained that there is a need to obtain them for therapeutic use, or research purposes, and then it becomes insufficient for article (Seven) to be concluded with: “According to the medical protocol in use “; rather, it is imperative to restrict  it to that which goes in line with the rulings of  the Islamic Sharia.
The same applies to article (Nine/A), where we deem necessary that the word (Embryonic) should be deleted in order for the article to include all sources of stem cells so as for the General Iftaa` Department to consider the Sharia ruling regarding  the zooblast which can be used for producing hybrid stem cells. This is also to make sure that the stem cells resulting from somatic cell nuclear transfer aren`t misused since article (Three) doesn`t provide adequate precautions in this regard, rather, it sufficed with the condition that” It is not to be cultured in the womb and not to be used for the reproduction of human beings.”
Second: Article (Four/B/4) made the condition: “An insurance contract is to be concluded between the bank and one of the licensed insurance companies in the Hashemite Kingdom of Jordan to insure the stored stem cells.” The Board recommends that the insurance should be restricted to the joint-cooperative kind which is based on donation rather than commutative and gambling contracts.
Third: We recommend nominating an employee from the Iftaa` Department  to be a member in (The National Committee of Stem Cells), as stipulated in article (Four). His Grace, The Mufti-General is to nominate this member in order for the latter to make sure that the Islamic rulings are observed.
Fourth: The Board recommends drawing up vindicatory sanctions on whoever breaks the provisions of this law. And Allah Knows Best.

 


Chairman of the General Iftaa` Department, His Grace, Sheikh Abdulkareem Khasawneh.

Prof. Abduln`nassir Abu-Albassal/ Member
Sheilkh Sai`ed Hij`jawi/ Member
Prof. Mohammad Al-Qodah/ Member
Dr. Mohammad Khair E`ssa/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Wasif Al-Bakri/ Member
Dr. Mohammad Al-Zo`bi/ Member

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Summarized Fatawaa

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

Zakah due on a woman`s jewelry?

Obligatory Zakah (obligatory charity) isn`t due on a woman`s jewelry used for adornment, provided that the value of each piece is within the range amongst common market price. And Allah Knows Best.

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.