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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

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

Is it a condition for the mosque where I‘tikaf is performed to hold Jumu‘ah prayers?

No, it is not a condition for the mosque where I‘tikaf is performed to have Jumu‘ah prayers. However, if a person vows to perform continuous I‘tikaf, and Jumu‘ah occurs within that period, then they must observe I‘tikaf in a mosque where Jumu‘ah is held so that they do not break their continuity by leaving for Friday prayer.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

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