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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 is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

How is the beginning of Ramadan determined?

1. Completing 30 days of Sha‘ban, or
2. Sighting the crescent moon after sunset on the 29th day of Sha‘ban.
It is Sunnah to search for the moon, and it is obligatory to follow the official authorities responsible for announcing it.

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.

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