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

What is the ruling on making up the regular *rawātib* (sunnah) prayers together with a missed obligatory prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is obligatory to make up (qaḍāʾ) a missed obligatory prayer (farḍ). As for the timed supererogatory prayers (al-sunan al-muʾaqqatah) or the regular rawātib prayers, it is recommended (mandūb) to make them up, even if a long time has passed. Ibn Ḥajar (may Allah have mercy on him) said in his Fatāwā: "It is established in our school that it is sunnah to make up the timed voluntary prayers, by night or by day, even if congregation is not prescribed for them, whether much time has passed or little."
Accordingly, it is recommended to make up the sunan together with the obligatory prayer. And Allah Almighty knows best.
________________________________________
Note on terminology: Al-nawāfil al-muʾaqqatah (timed voluntary prayers) refers to supererogatory prayers tied to a specific time or cause, such as the rawātib (regular prayers before and after the obligatory ones), Duha, and the like. The ruling given here reflects the Shāfiʿī position.

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

Is it permissible for a woman to shake hands with her brother-in-law?

It is forbidden for the woman to shake hands with her brother-in-law because he isn`t a Mahram (unmarriageable) of hers.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.