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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

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).
A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

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