Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(140): "Ruling on Charging a Fee for Testing the Usability of Blood"

Date Added : 27-10-2015

 

Resolution No.(140)(4/2010): "Ruling on Charging a Fee for Testing the Usability of Blood"

Date: 7/5/1431 AH, corresponding to 22/4/2010 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 fourth session held on the above given date, the Board reviewed the question concerning the Ministry of Health`s decision to charge fifteen JDs for each blood unit. Having reviewed the letter of the Health Minister, in which he stated that the fee is for covering the expenses of carrying the blood units, the Board realized that it covers the cost of the tests run by the Ministry, and not a price for the blood itself. After prolonged deliberations, the Board decided what follows:

Since the charged sum is in for testing the blood`s usability and not a price for the blood itself, thus it is permissible. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board,

                                                           Dr. Ahmad Hilayel

Sheikh Sa'eed Hijjawii/Member

                                                           Dr. Yahia al-Botoosh/ Member

                                                           Dr. Mohammad Khair al-Eesa/ Member

                                                           Judge Sari Atieh/ Member

                                                           Dr. Abdul-Rahman Ibdah/Member

                                                           Dr. Muhammad Aiqla Al-Ibrahim/Member 

                                                           Dr. Abdul-Naser Abu Al-Basal/Member 

                                                           Dr. Muhammad Al-Khalayla/Member 

                                                           Dr. Muhammad Al-Gharayba/Member 

                                                           Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

What is the ruling on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.

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.