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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 it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

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