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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 water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

When does the time of Isha' prayer end?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It ends at the emergence of true Fajr (Fajr Al-Sadiq ), and when the second Athaan of Fajr starts.And Allah Knows Best.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

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