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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(69): “Ruling of Sharia on the Definition of Reproductive Health“

Date: 5/8/1424 AH corresponding to 1/10/2003 AD.

 

The Board has received the following question:

What is the opinion of the Iftaa` Board as regards the following definition of reproductive health?

Reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law, and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant. {The International Conference on Population Development}.

Answer: All success is due to Allah.

After reviewing the above definition, the Board made the following remarks:

1- The statement: “Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so” contradicts with the rules of Islamic Sharia, so it must read  as follows: “Reproductive health therefore implies that both spouses are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so, in line with the rules of Islamic Sharia.“

2- The above definition includes legal and illegal relationships between men and women, and this violates the principles of Islam, which only permits relationships through legal and valid marriage since Allah, the Almighty Says in this regard {what means}: “It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power (over all things).” {Al-Furqan/54}. Scholars stated about the interpretation of this verse: {Lineage is the mixing of water (sperm) between a male and a female legally; otherwise, it becomes neither a lineage nor a marriage.} Allah Says {what means}: “And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.” {Ar-Rum/21}.

3- The statement: “Which are not against the law “isn`t in line with the rules of Islamic Sharia, so it must read as follows: “Which aren`t against the rules of Islamic Sharia.” This is because it is an obligation on every Muslim man and woman to abide by the rules of Sharia, and not to commit any act that violates them, for Allah Says {what means}: “But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” {An-Nisa`/65}. And Allah Knows Best.

 

Iftaa` Board

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

                Dr. Mohammad Abu Yahia               

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

        Sheikh Na`eim Mujahid

                 Sheikh Mahmoud Shwayyaat

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Summarized Fatawaa

What is the Islamic ruling on parents asking son to divorce his wife?

Praise be to Allah the Lord of the Worlds.

If their asking him to do so is justified in Sharia, then there is no blame on him to obey them. And Allah The Almighty Knows Best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

Which hour coincides with the last third of the night?

This hour could be figured out by calculating the number of night hours which start at sunset, and end at dawn break, then the total is divided on three to get the result.

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