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Resolutions of Iftaa' Board

Resolution No.(166): "Ruling of Sharia on Donating Part of the Liver"

Date Added : 05-10-2015

 

Resolution No.(166)(7/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling of Sharia on Donating Part of the Liver"

Date: 26/8/1432 AH, corresponding to 28/7/2011 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.

During its eleventh session held on the above given date, the Board reviewed the ruling on donating part of the liver and decided that it is permissible provided that the conditions of Sharia in this regard are met. Rather, the Board is of the view that whoever does this out of kindness towards a patient, who is really in need for it, will be rewarded by Allah. Allah, The Almighty, Says (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 conditions of Sharia as far as this issue is concerned are as  follows:

1- The donor should be a responsible person.

2- Taking this part from the donor`s liver doesn`t inflict any harm on his life since the Sharia maxim in this regard reads: (Harm shouldn`t be eliminated  by inflicting reciprocal harm). Therefore, it is imperative to consult specialized expert doctors at each case.

3- It is donated out of charity, not in exchange for a material profit.

4- Transplanting this part of the liver is the only medical means to cure the patient.

5- The operation is most likely to be a success. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa` Board, Dr. Ahmad Helayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Judge Sari Attieh/ Member

Dr. Mohammad Khair Al-Essa/ Member

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

Dr. Mohammad Oklah Al-Ib`brahim

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Dr.Abdulrahmann Ibbdah/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What is the ruling on the ablution of one from whom blood exits from his nose or a wound?

Blood flowing from a wound or a nosebleed does not invalidate ablution. However, performing ablution is recommended to avoid scholarly disagreement with those who make ablution obligatory after blood flows. And Allah the Almighty knows best.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

Is it permissible for the children of a deceased father to settle his debt from the Zakah (obligatory charity) money due on them?

It is impermissible to use the Zakah of one`s money for settling the debts of the deceased. However, children should settle the debts of their deceased parents out of filial piety. And Allah Knows Best.

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