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Resolutions of Iftaa' Board

Resolution No.(194): "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date Added : 23-11-2015

 

Resolution  No.(194) (2/2014) by The Board of Iftaa`, Research and Islamic Studies:

 "The Prohibition of Removing the Uterus of Challenged Girls and Society’s Responsibility Towards them"

Date: (7/Rabi`a Al-Awwal/1435 A.H), corresponding to (9/1/2014 A.D)

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

On its eleventh session held on the above given date, the Board of Iftaa`, Research and Islamic Studies reviewed the ruling of Sharia on removing the uterus of mentally challenged girls under the pretext that it causes health risks and affects their personal hygiene. Having taken the technical opinion of educational specialists and doctors into consideration and having become familiar with the negative effects of the aforementioned procedure, the Board decided what follows:

Ablating an organ that has been created by Allah is impermissible, save in hopeless cases. As for those who are physically, or mentally challenged, we see no valid excuse for allowing  such kind of procedure since it violates Allah`s creation, causes health risks due to cutting and surgery, and leads to negative effects that facilitate offending these girls and inflicting harm on them.

It is the duty of their parents and guardians to protect them against any harm. Society should also protect them against different types of abuse through taking all the necessary measures which guarantee that, because it is the right of the weak to be protected, and failure to perform that role makes the aforesaid parties sinful and that sin multiplies every time he/she (The challenged) is being abused. Therefore, families that are afflicted with challenged children as well as society should  exercise patience when dealing with them and seek the recompense from Allah. Our Prophet Mohammad (PBUH) said in this regard: “All of you are guardians and responsible for your wards and the things under your care.”  {Bukhari and Muslim}. And Allah Knows Best.

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

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

Prof. Hayel Abdulhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Prof. Mohammad Al-Qudat/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr.Wasif Al-Bak`kri/ Member

 

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Summarized Fatawaa

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it obligatory to have an intention (niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

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