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Resolutions of Iftaa' Board

Resolution No.(151): "Ruling on Donating Kidneys"

Date Added : 02-11-2015

 

Resolution No.(151), (16/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Donating Kidneys"

Date: 2/9/1431 AH, corresponding to 12/8/2010 AD.

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its ninth session held on the above given date, the Board reviewed the following question:

I`m inflicted with kidney failure, so I undergo renal dialysis thrice a week. I have tried so hard to find a cure to this illness but failed. In fact, I have only one son and he offered to donate his kidney, but I refused in fear for his life. However, a doer of charitable actions heard about my problem and expressed his willingness to save my life by donating me his own kidney?

Answer:

After prolonged deliberations, the Board decided what follows:

The Board reconfirms its earlier resolution No.(10/2008), 29/11/1429 AH, corresponding to 21/11/2008 AD, which stipulates that kidney donation in this case is impermissible because it violates the provisions of Islamic Sharia. This is in addition to the fact that there are other options, such as renal dialysis and a donor from the patient`s kin. Moreover, the Jordanian Law bans donating kidneys to non-relatives. And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

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Summarized Fatawaa

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

Is it a condition for I‘tikaf to be performed in the mosque?

Yes, for I‘tikaf to be valid, it must be performed in a mosque. I‘tikaf is not valid if performed at home or elsewhere.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

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