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Resolutions of Iftaa' Board

Resolution No.(248): "Ruling on Freezing Woman`s Eggs"

Date Added : 06-12-2017

 

Resolution No.(248)(17/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Freezing Woman`s Eggs"

Date: 2/Rabi` Al-Thani/1439, corresponding to 21/11/2017.

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all his family and companions.

During its 13th session held on the above date, the Board reviewed a question sent via the Electronic Website of the General Iftaa` Department and reads as follows:

I`m twenty eight years old and I`m undergoing chemotherapy. I have marital problems and filed for divorce. My question is: Is it permissible to withdraw eggs from my ovaries to preserve them for future use, in case I was married to another man, or should divorce take place first, then observe my Iddah (Waiting period after divorce or death of husband), then undergo that procedure?

After deliberating, the Board arrived at the following:

Freezing eggs or sperms is among the innovative matters resulting from 

medical advancement. Therefore, clarifying the ruling of Sharia on such matters should rest on two general rules of Sharia:

First: In principle, making use of medical treatment is lawful since the Messenger of Allah said: "Make use of medical treatment, for Allah has not made a disease without appointing a remedy for it, with the exception of one disease, namely old age." {Ahmad}.

Second: Preserving lineage and observing the sanctity of the wedlock.

If the owners of these eggs and sperms adhered to fertilizing them during valid marriage contracts, there is no harm in doing that when necessary, whether their withdrawal and freezing was done during singlehood or a past marriage. What counts, here, is observing the sanctity of the fertilization by performing it during a valid marriage contract for both spouses. However, it is safer and more prudent for the woman to freeze her eggs and fertilize them within one valid marriage contract, and this is more preferable. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

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Summarized Fatawaa

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

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 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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