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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

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

What is teh ruling on thoughtless oath?

One who swears by Allah unintentionally and isn`t determined to fulfill his oath, nothing is due on him. Allah, The Almighty, Says (What means): "God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing." [Al-Baqarah/225]. However, it is dispraised for a Muslim to swear frequently.

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..

 

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.

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