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Resolutions of Iftaa' Board

Resolution No. (211): "Transplanting an Ovum Between Co-Wives is Impermissible"

Date Added : 05-10-2015

Resolution No. (211) (12/2010), by The Board of Iftaa', Researches and Islamic Studies:​

"Transplanting an Ovum Between Co-Wives is Impermissible"

Date: 6/Rabie Al-Awwal/1436A.H, corresponding to 28/12/2014A.D 

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

The Board of Iftaa`, Research and Islamic Studies reviewed in its fourteenth session, Sunday (6/ Rabie Al-Awwal/1436), (28/12/2014), the question delivered by one of the physicians and reads as follows:

What is the ruling on transplanting a fertilized ovum, from an insemination process between a man and his first wife, in the uterus of his second wife. Are there different cases in this regard, and what are its repercussions in terms of lineage (Maternal), inheritance..etc. ?

After careful study and deliberation, the Board decided the following:

It is impermissible to transplant a fertilized ovum of one wife in the uterus of her co-wife because this entails religious {Islamic Law} and legal repercussions as regards determining the true mother; is she the one who contributed with the ovum, or the uterus?. 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, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

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.

What is the ruling on using moisturizing creams on the skin during the day in Ramadan?

Using moisturizing creams on the skin does not break the fast because they do not enter the body cavity (jauf). Any absorption that occurs through the skin pores does not count as entering through an open passage.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

What is the ruling of islamic law on statutory (legal) interest awarded by a court?
 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person in whose favor a judge has awarded statutory (legal) interest to deduct the actual litigation costs incurred in filing and prosecuting the lawsuit from these interest funds.
 
Any remaining balance beyond those actual expenses must be returned to the party upon whom the payment was imposed, provided that party is a specific individual. If, however, the paying party is a public entity or state institution, the remaining amount should be spent on the general public interests of Muslims—such as schools, mosques, roads, and similar public utilities shared by the community—or given in charity (Sadaqah) to the poor and needy. And Allah Almighty knows best.

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