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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

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling on using a patch to suppress hunger or a nicotine patch while fasting?

Fasting is a great act of worship and one of the pillars of Islam. If people knew the immense reward of Ramadan, they would wish for the whole year to be Ramadan.
Whoever eats Suhoor and breaks their fast according to the Sunnah will not experience extreme hardship, making such patches unnecessary.
However, using these patches does not break the fast because they are not a source of nourishment and do not enter the body cavity (jauf) through an open passage.

What is the ruling of Islamic Law on applying perfume before entering the state of ihram

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Applying some perfume (ṭīb) before entering the state of iḥrām does not affect the validity of the Ihram, even if its trace remains after the iḥrām has begun. Indeed, it is sunnah for the pilgrim performing Ḥajj or ʿUmrah to perfume himself before iḥrām.
The scholar Nawawī al-Jāwī (may Allah have mercy on him) said: “The third of them is applying perfume to the body shortly before it, that is, before iḥrām, whether the one entering iḥrām is male or otherwise, young or old, married or unmarried. The recommendation applies after performing the ritual bath (ghusl), and it is fulfilled with any perfume whatsoever, though the best is musk, mixed with rose water or the like. There is no objection to the perfume remaining on the body after iḥrām; however, if a woman becomes bound by the mourning observance (iḥdād) after entering iḥrām, she must remove it. As for perfuming the garment, it is merely permissible, not recommended, according to the reliable position (al-muʿtamad). But if one removes his perfumed garment while the scent is still present in it and then wears it again, he is liable for the fidyah (expiation).” [Nihāyat al-Zayn, Vol.1/212]. And Allah Almighty knows best.

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

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