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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 work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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