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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

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

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