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Resolutions of Iftaa' Board

Resolution No.(121),(8/2008): “Proposed Amendments to the Draft Bill of Licensing and Regulating Artificial Insemination Centers“

Date Added : 02-11-2015

 

Resolution No.(121),(8/2008): “Proposed Amendments to the Draft Bill of Licensing and Regulating Artificial Insemination Centers“

Date: 29/11/1429 AH, corresponding to 27/11/2008 AD.

 

All perfect praise be to Allah The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the letter of the Director of the Awqaf Funds Development Foundation, No.5/5/3/321, 19/2/2007 AH, 12/1/1429 AD, whereby he asked the Iftaa` Board to clarify the ruling of Sharia regarding the draft bill of licensing and regulating Artificial Insemination centers.

 

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

 

First: Article (10), paragraph (1) which pertains to the regulations to be adhered to by the licensed center in accordance to the provisions of this law, and reads: “Technology aiding in giving birth is the only means for giving birth after having established that natural conception is impossible, for at least one year, unless there is a pre-diagnosis indicating that the woman is barren, then the couple don`t wait for that period.“ The Board recommends deleting this paragraph since it isn`t permissible to provide technical aid for giving birth in case it has been established that both spouses, or one of them is sterile. Islamic Sharia forbids confirming sterility makes giving birth without the interference of a third party impossible, and any external interference in such situation.

 

The draft bill of birth giving aiding technologies for the year 2007, article (13), paragraph (D) states: 

As regards medical technologies, the following is banned:

 

D- Aiding in giving birth in case sterility of either spouses or one of them was established.

 

Second: Article (14), paragraph (2), which pertains to the preservation of embryos and sperms, states: “ The preservation of embryos for no more than five years, and sperms for no more than ten years for future birth giving in favor of both spouses and in accordance with the regulations and decisions pertaining to this law.“

The Board views that these periods are long and recommends limiting them to the time when the fertilization process succeeds and a healthy baby is born. Thus, this paragraph should be as follows: “The mingled sperms, or embryos shall be preserved through a written request submitted by the concerned husband, as regards the sperms, and both spouses as regards the embryos until the fertilization process succeeds and a healthy baby is born as a result. Extra sperms and embryos are left unattended until they perish." And Allah The Almighty Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti O Jordan, Dr. Nooh Salman

Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel

                    Sheikh Abdulkareem Khasawneh

 Sheikh Sa`eid Hijjawi

               Dr. Mohammad Khair Al-Esaa

                                                                   Judge Sari Attieh

       Dr. Abdulrahaman Ibdah

   Dr. Mohammad Oklah

               Dr. Abdulnassir Abu al-Bassal

Executive Secretary of the Iftaa` Board, Dr. Mohammad Al-Khalayleh

 

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Summarized Fatawaa

After our father had passed away, my brother and I stayed with our mother for twenty years and served her to the best of our effort. However, she asked our other brothers (3) to support her financially but they refused to pay her anything. As a result, she gave her share of the inheritance to me and my brother. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is recommended to give one`s children, males and females, equally. However, your mother is allowed to give one of them more than the others because he/she is needy or more dutiful to her than the others. And Allah The Almighty Knows Best.  

Should a minor fulfill his vow?

The vow of a minor is countless because he isn`t required to meet the Sharia rulings at such an age, and it is desirable for him to fulfill that vow once he reaches puberty.

What is the ruling on staring at the Holy Ka'abah?

All perfecy 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.

Staring/looking at the Holy Ka'abah is an act of worship even if this took place while performing a prayer, since Al-Baihaqee stated that the Prophet (PBUH) said: " Staring at the Holy Ka'abah is an act of devotion." [Sho'aab Al-Imaan]. And Allah Knows Best.

 

Is it permissible for the woman who is observing Iddah after her husband`s death to sit with her daughter`s suitor, although their marriage contract hasn`t been concluded yet?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
A suitor who hasn`t concluded the marriage contract isn`t a Mahram*, so he must be treated as such. And Allah The Almighty Knows Best.
* The period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
* In Islam, a mahram is a member of one's family with whom marriage would be considered haram, concealment purdah, or concealment of the body with hijab, is not obligatory; and with whom, if he is an adult male, she may be escorted during a journey, although an escort may not be obligatory.

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