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Resolutions of Iftaa' Board

Resolution No.(204): "Ruling on Aborting the Pregnancy Resulting from Rape"

Date Added : 05-10-2015

Resolution  No.(204) (14/2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Aborting the Pregnancy Resulting from Rape"

Date: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D)

 

 

All perfect praise be to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D), the questions sent by some citizens regarding: the ruling on aborting the fetus conceived from incest .

After careful study and deliberation, the Board decided:

Rape is one of the most heinous crimes that involves aggression against man`s dignity and inflicts harm on his soul; therefore, the Muslim scholars have considered it from the “Harabah” (banditry) which makes mischief through the land and violates the honor of human beings, so rapists shall receive the punishment as promised by Allah, The Almighty (What means): “That is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.” {Al-Maidah/33}.

As the pregnancy resulting from this heinous crime leads to multiplying its harm, inciting trials and enmity amongst the members of society, the Board deems guiding the victim to visit the Iftaa` Department so as to understand  the accompanying circumstances of the case and those of the pregnancy as well as that which affects the Sharia ruling in this regard. This is in order for the Board to review each case independently and issue a ruling in line with that which achieves benefit and wards off harm since necessity is assessed and answered proportionately. We beseech Allah to avert us such trials. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Hayel Abdulhafeez/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

What are the nullifiers of fasting?

1. Anything that enters the body cavity intentionally, even in small amounts, through an open passage such as the mouth, nose, ears, front, or back private parts.
2. Intentional vomiting.
3. Sexual intercourse.
4. Masturbation.
5. Menstruation and postnatal bleeding.
6. Insanity.
7. Apostasy.
8. Fainting if it lasts for the entire day.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

When does the time for Udhiyah begin?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The time for Udhiyah (sacrificial offering) begins once the sun has risen on the day of Eid al-Adha—which is the tenth of Dhul-Hijjah—and a period of time has passed equivalent to two brief prayer units (Raka'at) and two brief sermons (Khutbah). It then continues until the sunset of the last of the days of Tashreeq, which are the eleventh, twelfth, and thirteenth of Dhul-Hijjah.
 
The Prophet (peace be upon him) said: "All the mountain passes of Mina are places of sacrifice, and in all the days of Tashreeq there is slaughtering." [Narrated by Al-Bayhaqi and Ibn Hibban].
 
The best time to slaughter is after finishing the Eid prayer, due to the saying of the Prophet (peace be upon him):
 
"Indeed, the first thing we begin with on this day of ours is to pray, then we return and slaughter. Whoever does that has attained our Sunnah, and whoever slaughters before [the prayer], it is only meat he has presented to his family; it is not part of the ritual sacrifice (Nusuk) in any way." [ٌReported by Bukhari & Muslim].
 
It is valid to sacrifice at any time, whether by night or by day; however, it is disliked (Makruh) at night. And Allah the Almighty knows best.

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