Issues of fasting, Dought & clear, - * Does artificial insemination invalidate the fast?

gb

Share ::-

- -

I have been married for eight years and have not had any children. I want to have artificial insemination, but because of my circumstances I will be doing the procedure to implant embryos during the day in Ramadan. Does this invalidate the fast? Do I have to offer expiation for that day or not?
-
Praise be to Allah
What is meant by artificial insemination is fertilising the woman’s egg with the sperm of the man, without having intercourse.
Artificial insemination may be done internally or externally.
In the case of internal insemination, the semen is taken from the man to be injected into the appropriate place inside the wife’s uterus, so that the sperm will meet the egg naturally and fertilisation between them will occur.
The sperm is injected inside the wife’s uterus via a thin tube that transfers the sperm to the cervix (neck of the womb).
External fertilisation (test-tube babies) is done by taking the semen from the man and the egg from the woman’s ovary, then they are placed in a test tube, under specific physiological conditions so that fertilisation between them may occur, then the fertilised egg is transferred to the wife’s uterus so that it may attach to the wall of the uterus and grow like any other foetus.
We have previously explained the ruling on artificial insemination in a number of fatwas. Please see the answer to question no. 3474.
In order to understand the effect that this procedure has on the fast, we must explain a number of rulings:
1.
Taking semen from the man by means of masturbation: if this is done during the day in Ramadan, then this is one of the things that break the fast, according to the majority of scholars.
Therefore the man must avoid this during the day in Ramadan.
See the answer to question no. 222234.
2.
Taking the woman’s eggs in the case of external fertilisation is not regarded as breaking the fast, because this is usually done by means of a laparoscope (i.e., through an incision in the abdomen) or through the vagina, as a fine needle connected to the equipment is inserted through incisions made at the umbilicus and the lower abdomen, and the fluid containing the eggs is extracted, or it is done using ultrasound.
Neither of these methods is regarded as breaking the fast.
3.
Insertion of the man’s semen into the woman’s vagina by means of a tube is also not regarded as breaking the fast, because this fertilisation procedure does not come under the heading of food and drink, neither in a real sense nor by any resemblance, and it is not akin to eating or drinking in any sense at all.
Modern medicine has proven that the woman’s vagina is not connected to the digestive system at all, so anything that enters the woman’s vagina cannot be regarded as breaking the fast.
Al-Bahooti said: Rather her fast is broken if a man’s penis penetrating her vagina, because that is intercourse, and intercourse breaks the fast because it is likely to lead to ejaculation.
End quote fromSharh Muntaha al-Iraadaat(2/364)
This is what the Islamic Fiqh Council based its view on when it stated that anything that enters the vagina is not regarded as breaking the fast. In their statement it says: The following things are not regarded as breaking the fast:
· Anything that enters the vagina, such as a pessary, douche, scope or fingers for a medical exam.
· Insertion of a scope, IUD (“coil”) and the like into the uterus.
· Anything that enters the urethra of the male or female, such as a catheter, scope, opaque dye for certain types of diagnostic imaging, medication or a solution to wash the bladder.
End quote fromQaraaraat Majma‘ al-Fiqh al-Islami(p. 312)
Insertion of semen via this method is not regarded as intercourse; hence an-Nawawi (may Allah have mercy on him) said: If she inserts semen via her vagina or rear passage, she is not required to do ghusl.
End quote fromRawdat at-Taalibeen(1/85)
An-Nafraawi said: The woman does not have to do ghusl if semen enters her vagina without her maniy also being emitted.
End quote fromal-Fawaakih al-Dawaanah(1/117)
See also the answer to question no. 141858
Based on that, artificial insemination procedures, whether they are done inside or outside the body, and implanting embryos in the uterus, do not spoil the woman’s fast.
But it is better for the woman to avoid doing that during Ramadan if possible, so as to guard her fast and avoid any areas of doubt.
And Allah knows best.







-
-
:: Share ::

- - - -

-

Engagment, - Dought & clear, - * Is it permissible forthe woman’s guardian to refuse to give her in marriage to someone who is compatible, because of some problems between the two families?

gb

Share ::-

- -

I would like to know if it is permissible for the parents to reject a guy for their daughter because the parents had some problems with the guys family 30yrs ago but the two families always maintained a good relationship between each other.And the guys family are religious they have a good status in the society the guy is also religious.
-
Praise be to Allaah.
The Muslims should put an end to all disputes among themselves that may generate resentment and hatred. The believers are brothers and Allah has enjoined reconciliation between believers who are fighting. He also described them as brothers in the faith.
So they should try to forget this resentment, especially if they have any measure of religious commitment, as it says in the question. If the guardian hopes that this marriage may be a means of removing that resentment and hatred, then he is enjoined to go ahead with arranging a marriage for two reasons:
1. Because the woman has received a proposal from a man who is compatible
2. In order to try to deal with the hostility (between the families).
Al-Tirmidhi (1084) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If one of you receives a marriage proposal (for his daughter or other female relative under his care) from one whose religious commitment and good character are pleasing to you, then give (your daughter or female relative) to him in marriage, for if you do not do that there will be turmoil in the land and a great deal of mischief.”
Classed as hasan by al-Albaani inSaheeh al-Tirmidhi.
But if the guardian fears that there will be a renewal of the problems and that his daughter may be wronged and ill-treated by this family, and they will not treat her kindly, then in this case it is permissible for him to refuse this marriage, because the guardian is acting in the interests of the one who is under his guardianship, and her interests in this case are served by not marrying this man.
And Allah knows best.







-
-
:: Share ::

- - - -

-

Engagment, - Dought & clear, - * If the fiancé dies before the marriage contract, does his fiancée inherit from him?

gb

Share ::-

- -

A man proposed marriage to a woman and her relatives agreed to that, and they agreed on the mahr with him, but he did not pay it. Then the fiancé died. What is the ruling on that? Does the woman in question inherit from him and should she observe mourning for him?.
-
Praise be to Allaah.
If the situation is as you describe in the question, and the marriage contract had not been done between them, with the proposal from the woman's guardian and acceptance from the husband, whilst fulfilling all the conditions of marriage, with no impediments, then the woman mentioned does not inherit and she does not have to observe ‘iddah or mourning, because she is not a wife to her fiancé; rather she is still a stranger or non-mahram to him, because the marriage contract had not been done; rather all that happened was engagement and agreement with her relatives on the mahr only. This on its own is not regarded as a marriage, and there is no difference of opinion among the scholars (may Allah have mercy on them) concerning that. And if the family of the fiancée had taken any money from him, they have to give it back to his heirs.












-
-
:: Share ::

- - - -

-

General Dought & clear, - * Sensing the need of the poor person and treating him kindly come under the heading of piety, for the attaining of which fasting was prescribed

Many Muslims repeat this phrase: "We fast so that we can feel for the
poor." Is there any evidence in the Qur'an or Sunnah for that?
-
Praise be to Allah
Allah does not prescribe anything but for a wise reason, whether
people are aware of it or it is hidden from them, or they know part of
it and part of it is hidden from them. Allah has great wisdom that
human minds cannot comprehend.
Allah, may He be exalted, has mentioned the wisdom behind the
prescription and obligation of fasting in the verse in which He says
(interpretation of the meaning):
"O you who believe! Observing As-Saum (the fasting) is prescribed for
you as it was prescribed for those before you, that you may become
Al-Muttaqoon (the pious)"
[al-Baqarah 2:183].
Some of the scholars have stated that one of the issues of piety that
fasting encourages is so that the rich person will come to understand
the situation of the poor person, and how he suffers from hunger and
need, so that this will motivate him to treat him kindly and meet his
brother's needs. This is part of piety.
Taqwa (translated here as piety) is a general term which includes
doing all that is good and refraining from all that is evil. Ibn
Katheer (may Allah have mercy on him) said:
Taqwa (piety) is a general term which includes doing all acts of
obedience and refraining from all evils.
End quote fromTafseer Ibn Katheer(1/492)
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
Taqwa (piety) is a general term which includes doing all that Allah
has enjoined and refraining from all that He has forbidden, because
the word is derived from wiqaayah (protection); what it means is
taking measures to protect oneself from the punishment of Allah, and
there is no way to protect oneself from the punishment of Allah except
by doing that which He has enjoined and refraining from that which He
has prohibited.
End quote fromMajmoo' Fataawa wa Rasaa'il al-'Uthaymeen(24/40).
There is no text in the Holy Quran or in the Prophetic Sunnah that
specifically indicates that Allah, may He be exalted, has enjoined
fasting on us so that we may feel empathy with the poor. But those
scholars who mentioned that based it on the idea that this is included
in the general meaning of piety, which the Holy Qur'an states is the
wisdom behind fasting, and suggested that this is appropriate in the
case of one who is fasting, because it is known that Islamic teaching
encourages helping others and creating mutual love and compassion
among the believers.
As-Sa'di (may Allah have mercy on him) said:
Allah, may He be exalted, tells us of the wisdom behind the
prescription of fasting, as He says"that you may become Al-Muttaqoon
(the pious)". Fasting is one of the greatest means of developing
piety, because it involves obeying the command of Allah and avoiding
that which He has forbidden.
Part of the piety that fasting involves is that the fasting person
refrains from that which Allah has forbidden to him of food, drink,
intercourse and so on, to which he is naturally inclined, seeking
thereby to draw closer to Allah, hoping for His reward by giving up
these things. This is part of piety. Piety also includes the
following:
The fasting person trains himself to remember that Allah, may He be
exalted, is always watching, so he gives up things that he desires
even though they may be available to him, because he knows that Allah
is watching him.
Fasting narrows the pathways of theShayt@ân, who flows through the son
of Adam like blood. Fasting weakens theShayt@ân's influence and
reduces sins.
The fasting person usually does many acts of worship and obedience,
which are characteristics of piety.
By fasting, the rich man feels the pain of hunger, which makes him
inclined to help the poor and destitute. This is also a characteristic
of piety.
End quote fromTafseer as-Sa'di(p. 86)
Shaykh Muhammad al-Mukhtaar ash-Shinqeeti (may Allah preserve him) said:
In fasting there is much good, because it reminds the rich of the poor
and needy. If a person feels hunger and thirst, even though he knows
that at the end of the day he will be able to find food and drink, he
will remember the poor who do not find any food or drink, hence they
said that in this fast there is a great deal of good for the
individual, as it reminds him of the weak, especially if he is one of
the rich and wealthy.
The rich man may forget his brethren among the weak and poor because
of the wealth that he has, as Allah, may He be exalted, says
(interpretation of the meaning):
"Nay! Verily, man does transgress all bounds (in disbelief and evil deed, etc.).
Because he considers himself self-sufficient"
[al-'Alaq 96:6-7].
If a person feels himself to be self-sufficient, he will become
arrogant, but if he feels hunger as the poor feel hunger, and he feels
thirst as the poor feel thirst, that will motivate him to remember
these weak ones and show compassion towards them. End quote.
Sharh Zaad al-Mustaqni'(7/100)
Therefore we fast as an act of worship to Allah, may He be exalted,
and in obedience to Allah and His Messenger (blessings and peace of
Allah be upon him), so that we may attain piety and fear of Allah in
our hearts, which leads to happiness in both realms (this world and
the hereafter). And part of piety is feeling empathy for the poor,
which will motivate us to help them.
And Allah knows best.