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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(123): "Ruling on Giving a Kidney"

Date Added : 01-12-2015

Resolution No.(123)(10/2008): "Ruling on Giving a Kidney"

Date: 29/11/1429 AH, corresponding to 27/11/2008.

 

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.

 

In its seventh meeting and on the above date, the Board reviewed the following question:

 

I`m 37 years old and have been inflicted with diabetes for twenty four years. I also suffer from kidney failure and high blood pressure. Unfortunately, I couldn`t undergo kidney transplantation because the blood group of my brothers , sisters and kinsmen differed from mine. Moreover, I have gone to Malaysia, Egypt, Syria and have contacted people in Saudi Arabia, Pakistan, and India; however, I wasn`t fortunate enough to undergo that surgery because the law in those countries bans giving a kidney to a person from a different nationality.

 

I would like to attract your attention to the fact that my health is on the decline and I have reports proving that.

In addition, a friend of mine is willing to give me one of his kidneys for Allah`s sake. Is it permissible for a non-relative to give his kidney to a patient because the latter`s family members have a different blood group?

After researching and deliberating, the Board decided what follows:

 

Giving a kidney to the (asker) in the above situation isn`t permissible because it is a leap in the dark, it violates Sharia, and there is an available alternative: dialysis. And Allah Knows Best.

 

Chairman of the Iftaa` Board/ His Grace Dr. Nooh Al-Qhodatt

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

Sheikh Abdulkareem Khasawneh/ Member

Sheikh Sa`eed Hijjawi/ Member

              Dr. Mohammad Khair Al-`Eesa/ Member

                                                            Judge Sari Attieh/ Member

   Dr. Abdulrahman Ibdah/ Member

                       Dr. Mohammad Oklah Al-Ibraheem/ Member

            Dr. Abdulnaser Abu Al-Basal/ Member

                            Dr. Mohammad Al-Khalayleh/ Executive Secretary of the Iftaa Board        

 

 

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Summarized Fatawaa

What is the Islamic ruling on smearing the head of the newborn with the blood of the `Aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is disliked (makrūh) to smear the head of the newborn with the blood of the 'aqīqah, as this is a practice that belongs to the customs of the pre-Islamic era of ignorance (Jāhiliyyah). What is Sunnah instead is to anoint the newborn's head with saffron or another pleasant fragrance. And Allah Almighty knows best.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

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.

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).
 
Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

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