Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(118): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth“

Date Added : 02-11-2015

 

Resolution No.(118): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth"

 Date: 16/10/1427 AH, corresponding to 8/11/2006 AD.

 

The Board has reviewed the letter of the Supreme Judge as regards presenting the draft bill of the medical techniques, that aid in giving birth, before the Iftaa` Council.

Answer: All success is due to Allah.

The Iftaa` Council decided the following:

First: Article (5), which states: “Resorting to medical techniques is banned, save by a living married couple and through mingled sperm taken from both of them. The Board recommends correcting the Arabic word (بواسطة) into (بوساطة).

Second: Article (6), paragraph (B), which states: “Insemination of mingled sperm shall be banned, save with a written consent of the concerned couple. “

The Council recommends adding the phrase: “through mingled sperm taken from both of them.“ So, it should read as follows: “Insemination of mingled sperm shall be banned, save with a written consent of the concerned couple and through mingled sperm taken from both of them. “

Article (6), paragraph (B) which states: “Transplantation of embryos shall be banned, save with a written consent of both spouses and in accordance with the form provided by the concerned ministry. “

The Council recommends adding the phrase: “through mingled sperm taken from both spouses with their consent.“ It should read as “Transplantation of embryos through mingled sperm taken from both spouses shall be banned, save with a written consent of both and in accordance with the form provided by the concerned ministry. “

Third: Article (10), paragraph (A): The formation of the technical committee for medical techniques, which stipulates that its members shall comprise from:

- Two specialized expert doctors in medical techniques representing the Medical Association and nominated by its president.

The Council recommends nominating the above doctors by the association`s president.

Paragraph (D) states: “The Minister of Health may terminate the membership of any member of the above committee based on the recommendation of its president, and ask for the nomination party to nominate someone in his place.“

The Council recommends amending this article by adding the phrase: “with stating the reasons“ It should read as follows: “The Minister of Health may terminate the membership of any member of the above committee based on the recommendation of its president, with stating the reasons, and ask for the nomination party to nominate someone in his place.“

Paragraph (H) states: “The Committee shall convene at least once a month by  invitation from its head or vice head, and the meeting shall be considered legal by the attendance of three members at least, including its head or vice head, and its resolutions shall be issued by majority of votes.“

The Council recommends that this article should read as follows: “The Committee shall convene at least once a month by an invitation from its head or vice head, and the meeting shall be considered legal by the attendance of three members at least, in addition to its head or vice head, and its resolutions shall be issued by majority of votes.“

Fourth: Article (11), paragraph (A): “Medical techniques shall not be used for commercial purposes, or to form an embryo for selection of offspring for non-medical purposes.“

The Council recommends adding the phrase: “or with the purpose of benefiting from an embryo, its organs, or when there is a disease inflicting a particular sex such as: (Hemophilia).

Fifth: Article (13), which pertains to matters banned in medical techniques, paragraph (A), which addresses cloning and its used techniques:

The Council recommends paraphrasing it as follows: “Cloning and its constituents, except the cloning of organs from a person`s basic cells with the aim of transplanting theses organs to him.“ 

Sixth: The Council recommends adding the following phrase to this article: “Operations concerning mingled sperm and embryos should be conducted as necessary.“

Seventh: Article (15), which states: “After securing the consent of both spouses, extra embryos resulting from legal operations shall be destroyed in accordance with the provisions of this law and under the supervision of the doctor in charge.“

The Council recommends specifying a period for the destruction of these extra embryos.

Eight: Article (16), paragraph (B), which states: “The mixed sperm and the embryos shall be preserved for no more than ten years, with the consent of the concerned husband as regards the mixed sperm, and that of both spouses as regards the embryos.“

The Council sees that ten years is a long period, and recommends specifying it in line with the opinion of the specialized doctors. 

Ninth: Article (17), which states: 

A- In spite of what is stated in articles (4, 5), the Minister-by recommendation of the committee-may allow a non-married person, who is under treatment, or is about to undergo a medical procedure that may affect his ability to give birth, to have his sperms frozen in order to be used later on in a legal marriage, within the framework of medical techniques, and in accordance with the rules and provisions of this law.“

B- The sperms of the above person shall be destroyed in case he failed to pay the determined payment, restored his natural ability to give birth, or died.

The Council recommends deleting this article because it is a condition that the mingled sperm procedure should be conducted during an existent legal marriage. And Allah Knows Best.

 

 

Iftaa` Council

Head of the Iftaa` Council

            Chief Justice / Dr. Ahmed Muhammad Hilayil

                    Dr. Yaser al-Shamali

                            Dr. Abdulsalam Al-Abbadi

Sheikh Saeed Abd al-Hafiz al-Hijawi

                        Shiekh Naeem Mujahid

               Dr. Wasif al-Bakri

                    Dr. Yusuf Al-Shamali

                                                  Sheikh Abd Al-Kareem Al-Khasawneh                                                

 

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Summarized Fatawaa

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.

 

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

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.