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Resolutions of Iftaa' Board

Resolution No. (265): "Ruling on Preventive Mastectomy"

Date Added : 15-11-2018

Resolution No. (265) (19/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Preventive Mastectomy"

Date: (23/Safar/1439 AH), corresponding to (1/11/2018).

 

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.

On its twelfth session held on the above date, the Board reviewed the question sent to the electronic website of the General Iftaa` Department. It sated: Is it permissible for a woman to undergo preventive mastectomy, because she is at risk of getting cancer as indicated by the medical history of her family`s where both her sister and mother already have it? Is it permissible that she has her breast filled with silicon as a cosmetic procedure? It is worth pointing out that from a scientific point of view, the removal of the breast is purely preventive.

After deliberating, the Board arrived at the following decision:

The final say as regards the suitable medical treatment pertains to the trustworthy people of specialized medical experience. According to them, valid and reliable scientific research has proven that rise in the percentage of getting cancer is due to genetic factors; particularly when tests show that the mother has had that disease since an early age. When test results of genetic mutations show that cancer is likely to be passed to the next generation, preventive mastectomy is favored, as it takes precedence over waiting for cancer to attack since there is high risk that it will, and it is far more serious than the harms of mastectomy itself. In this case, we recommend that the questioner follows the advice of the people of specialty and undergoes the preventive mastectomy since the agreed upon rules of Sharia confirm that harm should be eliminated and when there are two evils, the lessor should be chosen.

However, if the fear of getting cancer is unjustified or it is a mere over- exaggerated psychological concern, then we don`t allow resorting to preventive mastectomy since Islam has honored the human body. The alternative lies in early detection and preventive treatment, as this is better. And Allah Knows Best. 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Wrikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on performing voluntary (nafl) prayer during the time of istiwā' (the sun's zenith) on the day of Jumu‘ah (Friday), and is this ruling specific to someone who has come to the mosque to perform the Jumu‘ah prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to perform voluntary (nafl) prayer during the time of istiwā' (the sun's zenith, i.e., its highest point before noon) on the day of Jumu‘ah (Friday) — whether for someone who is attending the Friday prayer or someone who is not, and whether they are among the people obligated to attend it or not.
It is stated in Mughnī al-Muḥtāj (Vol.1/P.310): "The more correct position (al-aṣaḥḥ) is that prayer is permissible during this time without restriction — regardless of whether the person will be attending the Jumu‘ah prayer or not." And Allah, the Exalted, knows best.

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