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 istibra' and how is it performed?

Istibra' (cleansing from urine) is recommended. It is for a person to ensure that nothing remains of urine in its passage before performing istinja'. Its method is: to clear the throat (or cough slightly), shake the penis (meaning to pass fingers along it to expel any remaining urine if needed), and walk a few steps to the extent that one thinks nothing of urine remains if walking is needed. Each person knows his own nature best. The preferred opinion is that this differs among people. The objective is for one to think that nothing remains in the urinary passage that he fears will exit later. And Allah the Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

What is the ruling on entering the toilet with something containing the remembrance of Allah?

It is disliked to bring into the toilet anything containing a reminder of Allah, such as the Quran or a sacred name (like the name of Allah, Muhammad, etc.). If one does that, etiquette dictates that he conceal it so it is not visible while entering the toilet, either by cupping his hands over it, putting it in his pocket, or inside his shirt if it is a necklace or ring. And Allah  the Almighty knows best.