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Resolutions of Iftaa' Board

Resolution No.(207): "Ruling on Testing Drugs on People for Money"

Date Added : 05-10-2015

Resolution  No.(207)( 17 /2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Testing Drugs on People for Money"

Date 30/Zolqidah/1435AH, corresponding to 25/9/2014AD

 

All perfect praise is due to Allah, blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday(30/Zolqidah/1435 A.H)-(25/9/2014 A.D), the question submitted by one of the citizens and reads as follows: 

Some research and studies centers in Jordan produce certain medications which they experiment on some people in return for money, and before distributing them in the market. What is the ruling on cooperating with such centers for this purpose in return for money ?

After careful study and deliberation, the Board decided what follows:

Protecting one`s life is among the five necessities which the Islamic Sharia came to preserve, whether by prevention, or by cure as shown by the following verse: “Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!.” {An-Nisa/29}.

Protecting life is considered in its totality according to the Sharia maxim: the general interest is given precedence over the private interest. Also, Al-Izz Bin Abdusalaam (May Allah bless his soul) said: “The general interest is tantamount to the private necessity. “

Accordingly, testing a medication on a human being-if the doctors thought it was most probably useful- is a permissible act, provided that the following conditions are met:

First: The research centers should take all the necessary precautions and carry out all the experiments which indicate that the medication is chemically sound and doesn`t cause clear damage to the healthy, or the unhealthy persons.

Second: The research and the experiments should be conducted by the authorized  centers which adhere to the most elevated standards of methodical academic research under the supervision of qualified experts.

Third: The research centers should adhere to the laws and regulations that govern their work in a bid to avert suspicion, negligence, and competition among the manufacturing companies at the expense of people`s health. We call on the legislative and supervisory institutions to monitor this sector and address any shortage, or weakness in the legislations from which the defect is most likely to happen.

If the aforesaid conditions were met, then there is no harm, by The Will of Allah, and it becomes permissible for the citizen to make a sacrifice by trying the medication, even for money. This is because, in the past, the Muslim jurists permitted taking medications although they didn`t undergo any experimentations and no precautions were taken before trying them on people. Thus, the questioner should know that it is permissible for an individual to cooperate with such centers if they meet the above conditions. And Allah Knows Best.

 

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

Prof. Ahmad Helayel/ Member

Dr. Hayel Abdolhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mohammad Al-Qodah/ Member

Dr. Wasif Al-Bakkri/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

Is it permissible for a woman to wear underwear while performing Umrah?

Yes, it is permissible for a woman to wear underwear while performing Umrah. This is because she should keep her regular clothes that cover all her body while being in a state of Ihram (ritual consecration) for Hajj, or Umrah. However, she should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

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