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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

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What is the ruling on giving Zakah (obligatory charity) to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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