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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

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

What is the ruling on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

What is the ruling of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.

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