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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

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

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