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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

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

A sixteen-year-old young woman suffers from Alopecia, and lost her hair and eyebrows as a result. Is it allowed to draw her eyebrows using henna and an eyeliner? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
It is permissible for women to use henna and what the asker has mentioned isn`t considered hair extension. However, if this young woman is proposed to, she must disclose this matter to the person proposing to her to avoid deception. And Allah The Almighty Knows Best. 

What is the ruling of Sharia on male doctor delivering a baby?

All perfect praise be to Allah the Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The person most entitled to deliver a baby is a Muslim woman, then a woman from the People of the Book, then a woman from the disbelievers, then a Muslim man, then a man from the People of the Book. However, if there was no woman to deliver the baby, then it is permissible for a male doctor do deliver it. And Allah The Almighty Knows Best.

A man has married a second wife and deprived the first from provision and overnight stay. He spent most of his time and wealth on his second wife. After sometime, the latter got sick and was diagnosed with breast cancer, which made him forsake her in bed and return to his first wife. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It is forbidden for a woman to forsake her husband in bed without a lawful excuse since this is one of the mutual rights of spouses. When the wife abstains from making love to her husband without a lawful excuse, she is considered sinful. This is because the Prophet (PBUH) said: "If a woman spends the night deserting her husband's bed (does not sleep with him), then the angels send their curses on her till she comes back (to her husband)." [Agreed upon]. And Allah The Almighty Knows Best.

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