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 for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.