Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Does fasting on behalf of a deceased person permissible?

Fasting on belhaf of a deceased person is permissible, since the Prophet (PBUH) said: "Whoever dies while he still has some fasts to make up (of the days of Ramadan), then his heir (any of them) should fast on his behalf." [Agreed upon]. The previous answer is for making up missed obligatory fasts on behalf of the deceased. But if the fasting on behlaf of the deceased was for performing  a voluntary acts of devotion such as fasting....is permissible as adopted by the majority of Muslim scholars and based on the above hadith as they stated "Every good dead intended to be on behalf of the deceased its reward will reach the latter." And Allah Knows Best.  

 

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

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 of his family and companions                                                                                                                                                                                                                              Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.

Is it permissible for a Muslim to escort his deceased disbelieving relative to his final resting place?

It is permissible provided that he doesn`t walk behind non-Islamic symbols, rather he should walk in front of them.