Resolutions of Iftaa' Board



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

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, rump, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, rump, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.