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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

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

What is the ruling on praying behind a disliked Imam?

 

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is mildly disliked (Makruh Tanzihan) for a man—other than the permanent designated Imam (Imam Ratib)—to lead people in prayer if the majority of them dislike him due to a religiously blameworthy reason (Amr Madhmum Shar‘an), such as associating with open sinners (Fussaq), for example. As for the followers who dislike him, the prayer behind him is not disliked for them. However, if less than the majority dislike him, or if the majority dislike him for a reason that is not religiously blameworthy, then his leading the prayer is not disliked. And Allah the Exalted knows best.

What is the ruling on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

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