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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

When is a child instructed to fast?

A child is instructed to fast at the age of seven if they are capable of fasting and have reached the age of discernment, by analogy to prayer. They should be encouraged but not forced, so they can become accustomed to it. It is obligatory for their guardian, whether a father or another, to instruct them.

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

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