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Resolutions of Iftaa' Board

Date Added : 25-01-2018

Resolution No.(2) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Donating Corneas"

Date: 11/7/1404 AH; 11/4/1984 AD

 

Question:

What is the ruling on people who donate their corneas, after their death, to the blind?

Answer:

All perfect praise be to Allah; and may His blessings and peace be upon Prophet Mohammad and upon all his Family and Companions.

Principles of Islamic law permit making use of the dead peoples` corneas, by transplanting them in the eyes of the blind, or those in danger of becoming blind, within the following conditions:

1- Confirming the death of the donor.

2- Doctors assuming that the transplanting of the corneas will most probably be a success.

3- The deceased had given permission before he/she died, or his heirs permitted it.

Amongst the evidences, derived from Islamic law, permitting this matter are:

First: Transplanting organs from the deceased to the living safeguards human beings, which is one of the aims of Islamic law (Sharia).

Second: Undoubtedly, blindness, or losing sight is a damage that befalls a human being, and preventing it is a necessity, in Islamic law, that allows transplanting corneas of the deceased in the eyes of the living, and this goes in line with the agreed upon jurisprudential rulings such as: "Necessity knows no prohibitions.", "Necessity is assessed by its degree, and “The milder of two harms is permissible in case of necessity."

Third: Transplanting the cornea of a deceased person in the eyes of a blind living person to regain his/her sight isn`t the kind of mutilation which has been forbidden by the Prophet (PBUH). He (PBUH) forbade the mutilation which humiliates the dead person and violates his/her honor. In light of Islamic Sharia, the dead person is honored by having donated his/her cornea since he/she will receive a recompense from Almighty Allah. Similarly, the living is honored by regaining his/her sight, enjoying this favor bestowed upon him/her from Almighty Allah and thanking Him for it.

Therefore, Muslim jurists permit cutting open the belly of a dead pregnant woman in order to save her fetus who is most probably alive. They also permit cutting open the belly of a deceased who had swallowed the money of another person. They interpreted this permission as follows: "Honoring the living and safeguarding him/her take precedence over safeguarding the dead from mutilation ." Almighty Allah Said in the Holy Quran (What means): "Nor are alike those that are living and those that are dead." [Fatir/22].

Fourth: Islamic Sharia encouraged people to seek treatment for the Prophet (PBUH) said: "Allah has sent down ailment and cure, and made a cure for each ailment, so seek treatment, but avoid forbidden cures." Transplanting corneas of the dead in the eyes of the living is an act of treatment.

Fifth: Donating corneas to the blind is from charity that Sharia encouraged giving to those in need, for a blind person`s need for sight is greater than a poor person`s need for money, and his (the blind) need for food and drink. Prophet Mohammad (PBUH) said in this regard: "If anyone relieves a Muslim believer from one of the hardships of this worldly life, Allah will relieve him of one of the hardships of the Day of Resurrection. If anyone makes it easy for the one who is indebted to him (while finding it difficult to repay), Allah will make it easy for him in this worldly life and in the Hereafter, and if anyone conceals the faults of a Muslim, Allah will conceal his faults in this world and in the Hereafter. Allah helps His slave as long as he helps his brother.” [Moslim]. And Allah Knows Best.

 

The Fatwa Committee

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Summarized Fatawaa

Is the Aqeeqa due on the newborn in case of dying almost a month after the delivery?

Offering Aqeeqa after a week of a newborn death is recommended.

What is the ruling on working for a company that manufactures cigarettes?

All Perfect Praise is due to Allah, The Lord of The Worlds

Working for a company that manufactures cigarettes is forbidden because smoking itself is forbidden, so its production, selling and circulation are forbidden as a result since they aid in committing sin, and whoever aids in that is like the sinner himself. And Allah Knows Best.

Which hour coincides with the last third of the night?

This hour could be figured out by calculating the number of night hours which start at sunset, and end at dawn break, then the total is divided on three to get the result.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

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