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Resolutions of Iftaa' Board

Resolution No.(189): "Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date Added : 18-11-2015

Resolution No.(189)(9/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Types of Stem Cells and the Sharia Rulings Pertaining to them"

Date: 27/Tholqidah/1434 AH, corresponding to 3/10/2013.

 

All perfect praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Elaborating on its earlier resolution No.(6/2013) which included special amendments to the stem cells system, the Board decided what follows:

In terms of medicine, stem cells are unspecialized (undifferentiated) cells that are characteristically of the same family type (lineage). They retain the ability to divide throughout life and give rise to cells that can become highly specialized and take the place of cells that die or are lost. Stem cells contribute to the body`s ability to renew and repair its tissues. Based on their source, stem cells are divided into the following types; each has its own ruling from the perspective of Sharia:

Type One: Human Embryonic Stem Cells

These are taken from fertilized eggs that are left over from in vitro fertilization (IVF), starting from the date of fertilization and ending after five days from the start of the sequential segmentations.

For this type to be considered permissible, fertilization should take place between two spouses who wish to beget children, and whose marriage contract is valid. This is provided that they abide by the specified number of fertilization attempts along with observing the rules of Sharia concerning the test-tube babies.

Type Two: Adult Stem Cells:

These are taken from the umbilical cord after delivery, milk teeth, different tissues of a human being after being born, aborted fetuses, tissues of fetuses implanted in the uterus or the umbilical cord or the placenta and its membrane, and the amniotic fluid,  whether inside the uterus or outside it.

Using this type of cells is permissible; however, proper legislations should be set up in order to ban deliberate abortion that aims at obtaining them. It is also important to avoid taking advantage of illegal abortion, because the use of these cells could lead to legalizing such abortion.

Type Three: Induced Pluripotent Stem Cells:

They are specialized adult cells that can be programmed into cells that behave like embryonic stem cells.

Type Four: Hybrid Stem Cells:

These cells result from combining human DNA with a non-human cell.

Islamic Sharia permits using the third and the fourth types because there is no Sharia evidence that forbids them. This is provided that they aren`t implanted in a woman`s womb and they aren`t used for increasing mankind.

In conclusion, it is conditioned that the above mentioned types don`t cause any harm to mankind and that the medical rules and regulations are observed. The Legislation and Opinion Bureau has worked out a draft-law to that end and it was ratified by the Iftaa` Board which made key amendments to it in order to make sure that the rules of Sharia are abided by. And Allah Knows Best. 

 

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

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

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.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

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