Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(120): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth“

Date Added : 02-11-2015

 

Resolution No.(120): “Proposed Amendments to the Draft Bill of the Medical Techniques that Aid in Giving Birth“

Date: 7/7/1429 AH, corresponding to 10/7/2008 AD.

 

The Board has reviewed, on the above date, the letter of His Excellency the chairperson of the Legislation Bureau, No. (DT1/KK/32) on 18/9/2007, corresponding to 6th of Ramadan, 1428, as regards presenting the draft bill of the medical techniques, that aid in giving birth, before the Iftaa` Board for clarifying the ruling of Sharia in this regard.

Answer: All success is due to Allah.

After deliberations and thorough researching, the Board made the following remarks:

First: Article (10), which pertains to the formation of the technical committee for medical technology, and stipulates that: "Two of its members should be specialized expert doctors in the field of medical techniques to act as representatives of the Medical association, nominated by its head.”

In this regard, the Board reaffirms its earlier resolution no. (62/2006), 16/10/1427 AH, corresponding to 18/11/2006, which states that the aforementioned doctors are nominated as the Association`s Council because collective opinion is better than individual opinion in such sensitive matters.

Article (10), paragraph (D) reads: “The Minister may terminate the membership of any member in the above committee based on a recommendation by its head, and to ask the party which had nominated him to nominate someone else in his place.“ The Board reaffirms its previous resolution, which demands adding the phrase "with giving the reasons“. In order to maintain objectivity. Accordingly, this paragraph should read as follows: “The Minister may terminate the membership of any member in the above committee based on a recommendation by its head, with giving the reasons, and to ask the party which had nominated him to nominate someone else in his place.“

Second: Article (11), which allows determining the sex of the embryo within certain restraints, where it reads: 

A. Employing medical technology for commercial purposes, or for selecting the sex, or offspring of the embryo shall be banned.

B. Regardless of what`s mentioned in paragraph (A), the Committee may approve of allowing the concerned spouses to choose the sex of their baby once, on basis of inadmissibility to discriminate between the two sexes, in the following situations:

1- They have more than three babies from the same sex, whether males or females

2- Death of the embryo of the selected sex in his mother`s womb, or after delivery.

3- Medical reasons pertaining to genetic diseases related to the baby`s sex.

The Board believes that items 1 and 2 of paragraph (B) should be deleted since, in principle, a Muslim should be content with what Allah has ordained for him, males or females. In addition, this issue involves religious prohibitions such as allowing science to tamper with man, creating misbalance between the two sexes,  becoming subjected to mixing of lineage, and uncovering of private parts. However, there is no harm in keeping item three from paragraph (A), which reads: “for medical reasons pertaining to genetic diseases related to the baby`s sex.“ This is because undergoing such treatment is allowable. Thus, this article should read as follows: “Employing medical technology for commercial purposes, or for selecting the sex, or offspring of the embryo shall be banned, save in case of genetic diseases related to the baby`s sex.

Third: Article (13), the Board reaffirms its previous resolution in adding a new paragraph to the list of the banned matters in this article. Thus, it should read as follows: “Resorting to operations of mingled sperm and embryos as necessary to avoid mixing them with other ones, or getting used in a manner that violates this law, and consequently lead to mixing of parentage in both situations.

Fourth: Article (15), paragraph (B), which states: “Mingled sperm, or embryos should be preserved for no more than ten years ,  through a written request submitted by the husband in case of mingled sperm, and the two spouses in case of embryos.“ The Board reaffirms its earlier resolution, which indicates that the ten-year period is too long, and recommends limiting it until the success of the fertilization process and the delivery of a sound baby as a result. Thus, this paragraph should read as follows: “Mingled sperm, or embryos should be preserved for no more than ten years ,  through a written request submitted by the husband in case of mingled sperm, and the two spouses in case of embryos, until the success of the fertilization process, and the delivery of a sound baby as a result. Unneeded mingled sperms and embryos are left until they die.“

Fifth: Article (16), which states: 

A. In spite of what is stated in articles (4, 5), the Minister-by recommendation from 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 reaffirms its previous resolution that 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

     Sheikh Abd al-Kareem al-Khusaawinah

Dr. Yusuf Ali Ghaythan

Sheikh Saeed Abd al-Hafiz al-Hijawi

                                                                   Dr. Wasif al-Bakri

                                                                   Dr. Yaser al-Shamali

    Dr. Abdulsalam Al-Abbadi

 

 

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Summarized Fatawaa

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

How is the Night Prayer (Qiyam al-Layl) performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Night Prayer (Qiyam al-Layl) refers to the voluntary (Nafl) prayers performed by a person after the Sunset prayer (Maghrib) and before the Dawn prayer (Fajr). As for Tahajjud, it is the voluntary prayer performed during the night specifically after waking up from sleep, as an act of devotion to Allah. Allah the Exalted says {what means}: "And from [part of] the night, pray with it [i.e., recitation] as additional worship for you." (Al-Isra/79). Thus, in terms of reward,Tahajjud is superior to voluntary prayers performed before sleeping. And Allah the Exalted knows best.

What is the ruling on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.