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

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

What is the validity of the formula for sending blessings upon our master Muḥammad ﷺ: *"Allāhumma ṣalli wa sallim wa bārik ‘alā sayyidinā Muḥammad wa ‘alā ālihi, ‘adada kamāli-Llāhi wa kamā yalīqu bikamālihi"* ("O Allah, send blessings, peace, and grace upon our master Muḥammad and his family, by the number of Allah's perfection, and as befits His perfection")?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to send blessings upon our master, the Prophet ﷺ, using the formula mentioned in the question, since sending blessings upon the Prophet ﷺ is an act of devotion legislated in its basic essence, without a specific prescribed wording required outside of the formal prayer itself. It is therefore valid to perform it outside of prayer using any formula. This particular formula involves multiplying the blessings sent upon the Chosen Prophet ﷺ to the number of the perfections of Allah, the Exalted — which are limitless — so that, by Allah's permission, its reward and benefit never cease.
The meaning of "the number of Allah's perfection" is that it is without limit, making the blessings sent boundless, corresponding to His perfection, Glorified is He, which cannot be enumerated or counted. This formula is analogous to the words of our Greatest Prophet ﷺ, as related in the authentic ḥadīth narrated by Imam Muslim: the Prophet ﷺ said to Sayyidah Juwayriyyah (raḍiyallāhu ‘anhā): "Indeed, I said four phrases after you [left], three times, which, if weighed against everything you have said since this morning, would outweigh them: Subḥān Allāhi wa biḥamdihi, ‘adada khalqihi, wa riḍā nafsihi, wa zinata ‘arshihi, wa midāda kalimātihi" (Glory be to Allah, and praise be to Him, by the number of His creation, by His pleasure, by the weight of His Throne, and by the extent of His words). And Allah, the Exalted, knows best.

What is the monetary value for the expiation of an oath (Kaffarat al-Yamin)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The expiation for an oath (Kaffarat al-Yamin) consists of feeding ten (10) needy persons. This is estimated at 600 grams of rice per person. It is also permissible to pay its value in cash, which is estimated at one dinar (per person). And Allah the Exalted knows best.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.