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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

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

What is the ruling on taking a medication tablet sublingually during the daytime in Ramadan?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
Taking a medication tablet sublingually (under the tongue) during the daytime in Ramadan does not invalidate the fast, since it does not reach the internal cavity (al-jawf) through an open passage.
 
However, if the tablet dissolves and any part of it is swallowed, then the fast is broken.
 
And Allah, the Exalted, knows best.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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