Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(2): “Ruling on Donating Corneas ”

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

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

What is the ruling on swallowing phlegm while fasting?

If a fasting person intentionally swallows phlegm, their fast is invalid, as it is possible to avoid it.
However, if they swallow it unintentionally, their fast remains valid.
Phlegm is impure and should be avoided.