Resolutions of Iftaa' Board



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 should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

Is it permissible for one to give the Zakah (obligatory charity) to his indebted brother?

It is permissible for one to give the Zakah to his brother if he was indebted, or poor.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.