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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

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

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