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Resolutions of Iftaa' Board

Resolution No.(27): “Ruling on Medical Students` Participating in Delivery Procedures “

Date Added : 02-11-2015

Resolution No.(27) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Medical Students` Participating in Delivery Procedures“

Date: 26/6/1413 AH corresponding to 20/12/1992 AD

The Board has received the following question:

What is the ruling of Sharia as regards the participation of medical students in delivery procedures? Whereas; each ten or more would join an expert doctor in conducting this procedure and some of them may be Christians. In addition, they receive training on conducting internal examination for these women?

Answer: All success is due to Allah.

After extensive discussions, the Board has agreed upon the following:

Juristic maxims stipulate the following:

Necessity knows no rules and necessity is assessed by its degree.

Necessity here refers to what is crucial to man`s life.

In line with these maxims, it is an obligation to observe the following when treating women:

A Muslim woman should be examined by a Muslim female doctor, if not possible, then by other female doctors because this involves less harm from the view point of Islamic Law. However, if the Muslim female doctor wasn`t capable of treating a certain illness, then there is no harm in referring her (sick woman) to a Muslim male doctor. If there wasn`t any, then it is permissible to refer her to a non-Muslim male doctor.

As regards teaching students of the medical school:

In principle, gynecology should be restricted to female doctors as we have mentioned earlier, and faculties of medicine are responsible for fulfilling this end. If not possible, then male doctors should make up for the shortage in this field, provided that the maxim: "Necessity is assessed by its degree” is taken into consideration.

Therefore, it is evident that exposing women to medical students in the aforementioned manner isn`t permissible since it violates the juristic maxims mentioned above. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat
Mufti General of the Jordanian Armed Forces: Mhamood Shwayat
Dr. Abdassalam Al-Abbadi
Dr. Ahmad Hilayel
Dr. Ali Al-Faqheer
Dr. Yaseen Daradkeh

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Summarized Fatawaa

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

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

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.

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