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Resolutions of Iftaa' Board

Resolution No.(35): “Issues in Pregnancy and Childbirth“

Date Added : 28-10-2015

 

Resolution No.(35): “Issues in Pregnancy and Childbirth“

Date: 23/12/1413 corresponding to 13/6/1993

 

The Board has received the following questions:

Question (1):

What is the ruling of sharia on the use of the loop, taking into consideration that it prevents a sperm from reaching an ovum or causes the fertilized ovum to be aborted?

Answer: 

A loop is a contraceptive tool, and using it for a lawful reason is permissible with the consent of both spouses similar to practicing coitus interruptus, for Jabir (May Allah be Pleased with him) said: “We used to practice coitus interruptus during the lifetime of Allah's Apostle while the Quran was being revealed.” Muslim narrated on the authority of Jabir:” The Prophet knew about that (coitus interruptus) and didn`t prohibit us from doing it.”

Question (2): 

A pregnant woman whose fetus has water in his head (congenital malformation), what is the ruling of Sharia on drilling his head to allow the water to come out in order to be delivered naturally or by a caesarian section?

Answer: 

If it was verified that the water in the fetus`s head prevents delivering him naturally or by caesarian section, then we should distinguish four cases:

First Case: It is possible to treat him while in his mother`s uterus, and the doctors decide drilling his head and drawing the water out of it. In this situation, it isn`t permissible to resort to any other procedure.

Second Case: It is impossible to take him out of his mother`s uterus no matter what, because his head is big and treating him isn`t possible. In this situation, drawing the water out of his head is an obligation, even if it leads to his death, to save his mother.

Third Case: If the specialized doctors decide that this fetus has no chance to survive regardless of the procedure employed in delivering him, then it is permissible to drill his head to allow the water to come out.

Fourth Case: If the specialized doctors determine that there is a chance for the fetus to survive with being deformed, then drilling his head is impermissible and they are obliged to take the necessary measures to deliver him and preserve the life of the mother.

Question (3):

 A woman has given birth to two deformed babies. However, she got pregnant, and underwent a medical test, which proved that her fetus is deformed as well; what is the ruling of Sharia on aborting it?

Answer: 

If it became four months old or more, then aborting it is impermissible, even if it was deformed, in case the doctors determined that it is likely to survive. However, if it jeopardizes the mother`s life, then it is permissible to abort it. Moreover, if it didn`t become four months old, and it was confirmed that its deformity will make its life unstable, then it is permissible to abort it with the consent of both spouses.

Question (4): 

A woman got pregnant for the first time, but her husband wants her to give birth by undergoing a caesarian section, although she can have a natural delivery?

Answer: 

In principle, natural delivery is the norm because it is in the best interest of both, the baby and its mother. Therefore, it is impermissible to substitute natural delivery with a caesarian section, unless for a necessity assessed by the doctors.

Question (5): 

A woman has many children, but her income is insufficient, so she wants to have her tubes tied, and refuses to use any other means of birth control. Is this permissible?

Answer: 

It is impermissible to tie her tubes for the above reason because undergoing this procedure will stop her from giving birth, she will become barren, and this involves defacing the nature created by Allah. He states in the Noble Quran what Satan said to Him {what means}: “I will mislead them, and I will create in them false desires; I will order them to slit the ears of cattle, and to deface the (fair) nature created by God." Whoever, forsaking God, takes satan for a friend, hath of a surety suffered a loss that is manifest. “ {An-Nissa`/119}. Undergoing such a procedure also violates the intentions of Islamic Sharia as regards preserving the offspring. Allah, The Almighty Says {what means}: “And God has made for you mates (and companions) of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best: will they then believe in vain things, and be ungrateful for God’s favors? “ {An-Nahil/72}. In addition, it was narrated that the Prophet (peace and blessings of Allah be upon him) said: “Marry the one who is fertile and loving, for I will be proud of your great number before the nations on the Day of Resurrection.” And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Izzaddeen Al-Tamimi

Acting Mufti General, Sheikh Saeid Hijjawi

Mufti General of Jordanian Armed Forces: Mhamood Shwayat

        Dr. Abdassalam Al-Abbadi

Dr. Umar Al-Ashkaar

     Dr. Mohammad Yaseen

       Dr. Mahmood Al-Sartawi

         Dr. AbdulAziz Al-Khaiyaat

               Sheikh Ibrahim Khash-shaan

   Sheikh Ratib Az-zahir

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Summarized Fatawaa

What is the wisdom and purpose behind the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Among the wisdoms and purposes of the 'aqīqah are the following:
First: Expressing joy at the blessing of Allah the Almighty, rejoicing in the newborn, and giving thanks to Allah for this gift. Allah the Almighty says (what means): "If you are grateful, I will surely increase you." [Ibrāhīm/7]
Second: Proclaiming and publicising the lineage (nasab) of the child — and the 'aqīqah serves as an appropriate and fitting means to this end.
Third: Gladdening the hearts of family members, relatives, friends, and the poor by gathering them together over a shared meal. And Allah Almighty knows best.

Is Zakah (obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?

Yes, Zakah is due on goods even if they were stacked in merchant`s stores for years, in this manner Islam struggle against monopoly.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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