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Resolutions of Iftaa' Board

Resolution No.(293): ’’Ruling on Knowing about being Infected with COVID-19 and being a Cause of Transmitting it to others’’

Date Added : 04-11-2020

Resolution No. (293)(13/2020) By the Board of Iftaa’, Research and Islamic Studies:

’’Ruling on Knowing about being Infected with COVID-19 as well a Cause of Transmitting It to Others’’

Date (16/Rabea’ Al-Aowal, 1442 AH) corresponding to (2/11/2020 AD)

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

 

On its twelfth session held on Monday 16/ Rabea’ Al-Aowal/1442 AH, corresponding to 2/11/2020AD, the Board of Iftaa’, Research and Islamic Studies Reviewed the ruling on a person who knows that he is infected with COVID-19 and a cause of transmitting it to others. After deliberations, the Board decided the following:

Allah, The Exalted Said (What means): ’’My Lord! Make this a region of security and bestow upon its people fruits’’ [Al-Baqara/126].

Whosoever infected with COVID-19 or might be is not permitted to mix with other people in order not to be a reason of transmitting the infection to them or being a cause of harm, damaging the security of the country economically and healthily and finally leading to a state of recession to the country itself and the population as well.

In this regard, the Prophet (PBUH) ordered us to be in quarantine at the occurrence of plague which is an infectious disease, where he said (What means): ’’If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." [Agreed upon]. Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it. Besides, when Al-Imam As-Shihab Ar-Ramli was asked about that and replied: ’’Fleeing away from a country in which the plague breaks out in it and going to a country in which the plague has broken out in it is impermissible.’’.

Accordingly, the same procedures apply on every infectious disease such as COVID-19; thus, the infected person is not permitted to mix with others especially their gatherings such as markets, clubs, places of worship and social occasions, and the one who do otherwise is considered sinful because he will inflict harm upon them, for the Prophet (PBUH) said (What means): ”There should be neither harming nor reciprocating harm." It was stated in [Al-Moataa’], which related by Al-Imam Malik as well as In Sahih Al-Buhkary & Moslim, that the Prophet (PBUH) ordered the person who ate from anything with a bad odor such as garlic and onion to avoid obligatory congregational prayer in the Mosque and to stay away from it, and ordered him to pray at Al-Baqee’ (The main graveyard for Al-Madina people) as narrated in Sahih Moslim, so how will be the case with an infectious deadly disease! Allah, The Exalted Said (What means): ’’whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind.’’ [Al-Maidah/32].

Therefore, the infected person must abide by quarantine and all precautionary procedures issued by specialists, as well all people should abide by wearing face mask, maintain safe social distancing, using sterilizations in addition to other safety procedures and the one who doesn't abide by those procedures is considered sinful according to the ruling of Sharia and is one of those, who strive with might and main for mischief through the land, since Allah, The Exalted Said (What means): ”And Allah loveth not mischief.” [Al-Baqarah/205]. Thus, whoever doesn’t abide by the aforementioned procedures has earned punishment in this life and the Hereafter because he violated what been enjoined by Allah, The Exalted, His messenger (PBUH) and accordingly, the ruler who banned the infected person to mix with others, imposed curfew to ward off harm upon people and to achieve their benefit at the same time, because he acts in accordance to the good of all citizens and the punishment in the worldly life regarding violations during this pandemic is determined by him based on Sharia’s maxims. We ask Allah The Almighty to Ward off all kinds diseases and pandemics. And Allah Knows Best  

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Muhammad Al-Khlaylah, Member 

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

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