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 the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.