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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

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 ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

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