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Resolutions of Iftaa' Board

Resolution No.(252): "Mother Authorizing Hospital to Treat Child"

Date Added : 03-04-2018

Resolution No.(252)(5/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Mother Authorizing Hospital to Treat Child"

Date: 6/Jumada Al-Akhirah/1439 AH, corresponding to 22/2/2018.

 

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

During its third session held on the above date, the Board reviewed the question sent from Dr. Ali Mish`al and Dr. Mou`min Al-Hadidi, and it read as follows:

How legal is it for a mother to authorize hospital to treat her minors or mentally disabled children? Is that an exclusive right of the father and male blood relatives who can act on his behalf? Or is it permissible for the mother to make the authorization, knowing that, in some cases, she commits herself to covering the expenses?

 

After deliberating, the Board decided what follows:

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Islamic Law has given incompetent persons-the child, the mad and the like-the right to receive all types of care, such as that pertaining to health and medical treatment. It has made this the responsibility of the guardian, and gave the father the right to guardianship, at first, in order to put its requirements in order. However, no matter who the guardian may be, his/her actions should be in the best interest of those under his/her guardianship when it comes to their material rights, expenses and else. For example, the right to receive the best and most suitable medical care. Al-Imam Ar-Ramli (May Allah have mercy on his soul) said: "It is incumbent upon the guardian-father or else- to act in the best interest of those under his guardianship, because Allah, The Almighty, Said (What means): "And approach not the wealth of the orphan save with that which is better" {Al-An`am, 152}. He, The Exalted, also Said (What means): "And if ye mingle your affairs with theirs, then (they are) your brothers. Allah knoweth him who spoileth from him who improveth." {Al-Baqarah, 220}." {Moghni Al-Mohtajj}.

 

An example on this care is providing the child and other incompetent persons with medical treatment without delay so as to spare them any harm. Therefore, if it was difficult for the hospital to obtain an authorization from the father or the grandfather, then it is permissible to obtain it from the mother. This is based on the Sharia maxim {Which means}: "What we can`t do, doesn`t annul what we can do" In other words, since treating a patient is obligatory in all situations, so we don`t abstain from that because some guardians aren`t available; rather, some jurists have made all Muslims, in general, responsible for providing care to whoever doesn`t have a guardian. Therefore, it is imperative that the hospital acts in the best interest of the patients regardless of who the guardian may be, because every course of action that inflicts harm on the patient is prohibited. This is based on the Hadith in which the Messenger of Allah said: “There should be neither harming nor reciprocating harm.” {Ibn Majah}.

 

In its resolution No.(10/18), the International Islamic Fiqh Academy permitted initiating medical treatment without securing the patient`s or guardian`s consent in the following situation: "The patient is in critical condition that necessitates immediate medical attention to save his/her life before his or his guardian`s consent could be obtained." In this case, sufficing with the mother`s permission should take precedence.

 

However, in non-urgent cases, laws and regulations-which should be legislated with utmost care-should be observed so as for the medical interest of the "Minor" to be fulfilled. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdulnaser Abulbasal,  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-Zou`bi/ Member

Dr. Wa`el Arabyat/ Member

Prof. Abdullah Al-Fawaaz/ Member

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Summarized Fatawaa

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

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.

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