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Resolutions of Iftaa' Board

Resolution No.(215): ”Conditions that Permit Kidney Donation”

Date Added : 05-10-2015

Resolution No.(215), (5/2015) by the Board of Iftaa`, Research and Islamic Studies:

”Conditions that Permit Kidney Donation”

Date: 21/Ramadan/1436 AH, corresponding to 8/7/2015 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; 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, on its 7th session held on the above date, the questions concerning the permissibility of kidney donation.

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

Kidney donation is permissible so long as the Sharia conditions stipulated in this regard are met. Not only that, but the Board believes that a person who does so with the intention of doing good to a patient will receive a reward from Allah, The Almighty. Allah Says in this regard {what means}: “and if any one saved a life, it would be as if he saved the life of the whole people.” {Al-Mai`dah/32}.

The Sharia conditions in this regard are:

First: The donor should have complete capacity, with making sure of his willingness to do so and that he isn`t being used; particularly if that person is a woman.

Second: It has been medically proven that the kidney transplant is a success and useful to the patient, and that the donor`s health won`t be jeopardized, because the Sharia maxim states: “Harm shouldn`t be eliminated with a reciprocal harm.” Therefore, specialized expert doctors must be sure with certainty about the success of this procedure in every case.

Third: There should be no material benefit behind this donation, and this should be ascertained through the medical, legal, and supervisory bodies. They have the right to confine the donation in accordance with the degree of kinship that they see fit. This depends on the facts that they arrive at, and what they see fit for making benefit and warding off harm.

Fourth: All other treatments and medical procedures have been tested. And Allah Knows Best.

 

The Iftaa` Board

The Grand Mufti of Jordan/ Sheikh Abdulkareem Al-Khasawneh/ Chairman

Vice-Chairman of the Iftaa` Board/Prof. Ahmad Hilayel

Dr. Hail Abdulhafeez/ Member        Sheilh Sa`id Hijjawi/ Member

Dr. Yahia Al-Botoush/ Member        Dr. Mohammad Khair Al-Esa/ Member

Dr. Wasif Al-Bakri/ Member                         Prof. Mohammad Al-Qodat/ Member

Dr. Mohammad Al-Khalayleh/ Member   Dr. Mohammad Al-Zo`bi/ Member

 

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Summarized Fatawaa

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on insulin injections?

Insulin injections do not break the fast because they are administered under the skin and do not reach the body cavity (jauf).

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

What is the ruling on using eye drops while fasting?

Eye drops do not break the fast, even if the taste reaches the throat, because the eye is not an open passage to the body cavity.

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