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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 on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

Does post-natal bleeding (Nifas) stop before forty days after childbirth?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, post-natal bleeding (Nifas) can cease before the completion of forty days. If the bleeding stops completely and its return is not expected, the woman has attained ritual purity (Taharah), even if forty days have not yet passed. And Allah the Exalted knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

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