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Resolutions of Iftaa' Board

Resolution No.(257): "Conditions for Donating Organs"

Date Added : 15-05-2018

Resolution No.(257)(10 /2018) by the Board of Iftaa`, Research and Islamic Studies:

"Conditions for Donating Organs"

Date: 3/Sha`ban/1439 AH, corresponding to 19/4/2018 AD.

 

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 fifth session held on the Above date, the Board reviewed the letter sent from His Excellency, Minister of Health, Dr. Mahmoud Ash-Shiab, and read as follows: I would like to bring to your Grace`s attention the fact that condition (3)-mentioned in Resolution No.(215), (5/2015), dated 21/Ramadan/1436 AH, corresponding to 8/7/2015 AD, issued by the Board of Iftaa`, Research and Islamic Studies: "Conditions that Permit Kidney Donation", stated: "There should be no material benefit behind this donation, and this should be ascertained through the medical, legal, and supervisory bodies. They have the right to confine the donation in accordance with the degree of kinship that they see fit. This depends on the facts that they arrive at, and what they see fit for making benefit and warding off harm." This very condition wasn`t mentioned in the Board`s Resolution No.(166)(7/2011):"Ruling of Sharia on Donating Part of the Liver", dated: 26/8/1432 AH, corresponding to 28/7/2011 AD.

Does this condition apply on donating part of the liver and other organs?

Based on the above, could Your Grace discuss this matter with the Iftaa` Board in order to deliver the proper Fatwa in this regard, including any necessary conditions, so as for this Fatwa to become reliable. This in accordance with the provisions of Article No.(3/A/1) - Benefiting from organs law and its amendments - No.(23) /1977). See attached copy.

After deliberating, the Board decided:

Organ donation is amongst the recommended charitable deeds so long as the conditions of Sharia stipulated in this regard are met. This is because it saves patient`s lives and relieves their pains. Allah, The Almighty, Says in this regard {what means}: “and if any one saved a life, it would be as if he saved the life of the whole people.” {Al-Mai`dah/32}.

The Sharia conditions in this regard are:

First: The donor should be competent, with making sure of his willingness to do so and that he isn`t being used; particularly if that person is a woman.

Second: It has been medically proven that the organ transplant is a success and useful to the patient, and that the donor`s health won`t be jeopardized, because the Sharia maxim states: “Harm shouldn`t be eliminated with a reciprocal harm.” Therefore, specialized expert doctors must be sure with certainty about the success of this procedure in every case.

Third: There should be no material benefit behind this donation, and this should be ascertained through the medical, legal, and supervisory bodies. They have the right to confine the donation in accordance with the degree of kinship that they see fit. This depends on the facts that they arrive at, and what they see fit for making benefit and warding off harm.

Fourth: All other treatments and medical procedures have been tested. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaz, Member

Judge Khalid Woraikat,    Member

Dr. Mohammad al-Zou`bi, Member

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Summarized Fatawaa

What are the Sunnahs and etiquettes related to the slaughtering of an animal?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
1-The animal should not be terrified or frightened before it is slaughtered.
 
2-An animal should not be slaughtered in front of other animals.
 
3-It is recommended to offer water to the animal before it is slaughtered.
 
4-The knife must be sharpened before the slaughter to ensure that the esophagus, trachea, and jugular veins are severed as quickly and cleanly as possible. This is based on the Prophet’s (peace be upon him) saying: "Verily, Allah has prescribed Ihsan (excellence/proficiency) in all things. So, if you kill, kill well; and if you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare the animal unnecessary suffering." [Narrated by Muslim].
 
5-One must not begin skinning or butchering the animal until its death has been fully confirmed.
 
6-Cows and Sheep: It is best to slaughter them while they are lying on their left side, facing the Qiblah. The right hind leg should be left untied so the animal can move it, which helps it remain more comfortable during its final moments. Unlike other livestock, it is preferred to perform Nahr (slaughtering by a swift stab at the base of the neck) while the camel is standing, with its left knee tied. And Allah the Almighty knows best.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What is the ruling on eating or drinking during the first Adhan?

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.

How is the Night Prayer (Qiyam al-Layl) performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Night Prayer (Qiyam al-Layl) refers to the voluntary (Nafl) prayers performed by a person after the Sunset prayer (Maghrib) and before the Dawn prayer (Fajr). As for Tahajjud, it is the voluntary prayer performed during the night specifically after waking up from sleep, as an act of devotion to Allah. Allah the Exalted says {what means}: "And from [part of] the night, pray with it [i.e., recitation] as additional worship for you." (Al-Isra/79). Thus, in terms of reward,Tahajjud is superior to voluntary prayers performed before sleeping. And Allah the Exalted knows best.

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