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Resolutions of Iftaa' Board

Resolution No.(230): "The Legitimacy of the Arab Agreement on Organizing Transplantation of Humans Organs and Tissues and Banning to Trade with"

Date Added : 10-05-2017

 

Resolution No. (230) By the Board of Iftaa', Research and Islamic Studies:

"The Legitimacy of the Arab Agreement on Organizing Transplantation of Human Organs and Tissues and Banning to Trade With"

Date (22/Rabea' Al-Aoal /1438 AH) corresponding to (22/12/2016 AD).

 

 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

On its twelfth session held on the above date, the Board reviewed the question of his Excellency, Minister of Islamic  Awqaf, Isalmic Affairs and Holy Places Dr. Wae'l Arabiat , and it reads as follows:

I have enclosed the memorandum of the General Secretariat of the Arab League No.(3/2984),(12/10/2016), in addition to the report and the recommendations issued by the concerned committee  and  representatives from Ministries of Justice, Health, Interior and Official Religious Affairs in the Arab countries, in order to prepare the draft of the Arab agreement for organizing transplantation of human organs and tissues and banning trading with them. Could your Grace clarify the legal ruling on the articles of the aforementioned agreement? After prolonged deliberations, the Board decided the following:

In light of scholars' consensus on preserving human dignity from any violation or abuse as well as earlier resolutions of the Iftaa` Board and the Islamic Fiqh Academies, the articles of the aforementioned agreement don`t violate the rules of Sharia. And Allah Knows Best.

 

Chairman of the Iftaa Board, Sheikh Abdulkareem  Al-Khasawneh
 Vice – chairman Prof. Ahmad Hlyal     Prof. Abd An-Naser Abu Al-Bsal            
Sheik Saeed Al-Hijawee/member    Sheik Ghaleb Al-Rbaba'h/member
Dr. Muhammad Khaar Al-Aisaa'/member             Judge Khaled Wrekat/member
Dr. Muhammad Al-Khalyla/member       Dr. Muhammad Al-Zouby/member               

 

 

 

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Summarized Fatawaa

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

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