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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

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

A man has raped a woman and she gave birth to a baby boy. To whom should that baby be attributed?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
First of all, the adulterer must be punished according to the rules of Sharia and the baby isn`t attributed to him. Rather, it is attributed to the mother. This adulterer has committed a grave sin and incurred the wrath of Allah. We advise him to make sincere repentance to Allah and pray that Allah forgives him. And Allah The Almighty Knows Best.

Is it permissible for my brother, whom I had suckled, to conclude a marriage contract between his daughter and my son?

Such marriage is impermissible since one`s nephew in this situation is considered an uncle to one`s daughter; consequently, he is the brother of her father by suckling. In such cases, the people in question should go to court to prove the suckling.

Is Zakah (obligatory charity) obligatory on indebted merchant?

Debt doesn`t abrogate the dueness of Zakah, thus a debtor who has money, articles of merchandise, or other Zakah funds at his disposal should pay their Zakah.

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