Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(41): “Killing an Animal by the Violent Blow Gun"

Date Added : 02-11-2015

Resolution No.(41): “Killing an Animal by the Violent Blow Gun“
Date: 6/7/1419AH corresponding to 26/10/1998.

What is the ruling of Sharia on anesthetizing cows prior to slaughtering them by using a special gun, where an iron bar penetrates the head of the animal and destroys its nervous system, then the animal loses consciousness, so it must be slaughtered by cutting its neck veins because anesthesia could harm it and cause its death, depending on the place of the blow?

Answer: All success is due to Allah.

The Board is of the view that using the above method is forbidden in Sharia because after receiving a violent blow with an iron bar, the animal`s life becomes unstable and could die before slaughtering in case the blow hit its respiratory center or the butcher didn`t slaughter it instantly. In this case, this animal becomes forbidden because it takes the ruling of dead meat for 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. that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety.“ {Al-Mai`dah/3}. And Allah The Almighty Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

       Dr. Mohamoud Al-Bakheet

Dr. Yousef Gheezaan

 Dr. Umar Al-Ashkhaar

     Dr. Mahmoud Al-Sartawi

Sheikh Saeid Hijjawi

            Sheikh Mahmoud Shwayaat

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Summarized Fatawaa

What is the ruling on objecting to the Mosque Imam regarding the joining of prayers due to rain?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is not permissible for any of the congregants to object to the Imam in the mosque, whether the objection is to demand the joining of prayers or to oppose it; for the general principle is that the Imam possesses the religious knowledge (Al-Ilm al-Shar‘i) that qualifies him to make the decision in this matter. And Allah the Exalted knows best."

Does nosebleed during the day in Ramadan affect the validity of fasting?

A nosebleed does not affect the validity of fasting unless some of the blood reaches the body cavity or the person intentionally swallows it. In such a case, their fast is invalid, and they must refrain from eating and drinking for the rest of the day and make up for that day later.

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.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.