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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 are the Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

Should nail polish be removed before making ablution?

Yes, it should be removed because it prevents water from reaching the nails.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

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