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Resolutions of Iftaa' Board

Resolution No.(128): “Gelatin Extracted from Pork Bone or Skin, or from Impure Substances is Impure”

Date Added : 27-10-2015

 

Resolution No.(128),(6/2009): “Gelatin Extracted from Pork Bone or Skin, or from Impure Substances is Impure”

Date:1/8/1430 AH, corresponding to 23/7/2009 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 third session held on the above given date, the Board reviewed the letter of His Excellency the Director General of the Food and Drugs Administration, which reads as follows:

 

Could your Grace clarify the ruling of Sharia as regards the use of some products that contain vitamins which are manufactured from raw materials that contain gelatin extracted from pork. The gelatin is used for coating these vitamin in order to preserve their consistency when mixed with the rest of the ingredients of these products. It should be taken into consideration that these products are used as supplements, not medication.

After thorough studying and deliberating, the Board decided what follows:

Gelatin extracted from pork`s bone or skin, or from impure substances is impure. Allah, The Almighty, Says (what means): “Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and that on which hath been invoked the name of other than Allah.” {Al-Maida'/3}. He also Says (what means): “Say: "I find not in the message received by me by inspiration any (meat) forbidden to be eaten by one who wishes to eat it, unless it be dead meat, or blood poured forth, or the flesh of swine,- for it is an abomination - or, what is impious, (meat) on which a name has been invoked, other than God’s." {Al-An`am/145}.

Accordingly, it is impermissible to use the gelatin manufactured from the extracts  of pork or impure animals for manufacturing medications or food  supplements, or for coating them, because alternative extracts could be taken from animals that are permissible to eat according to Sharia, such as cows, fish, or gelatin extracted from vegetables. However, it is permissible to take medications that contain the gelatin extracted from pork or impure substances in case of dire necessity, or in case there is no other  lawful alternative. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan,Dr. Nooh al-Qhodat

Vice Chairman of the Iftaa` Board,Dr. Ahmad Hilayel

Sheikh Abdulkareem al-Khasawneh/ Member

 Sheikh Sa`eid Hijjawi/ Member

               Dr. Mohammad Khair al-Eesa/ Member

Judge Sari al-Ass`ad/ Member

      Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

        Dr. Abdunnasir Abulbasal/ Member

              Executive Secretary of the Board/ Dr. Mohammad Al-Khalayleh

 

 

 

 

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Summarized Fatawaa

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

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