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‘Are conjoined twins one person or two?'
TALIB BIN MAHFOOZ, HANI AL-LAHYANI & SALMAN AL-SULAMI
Published in The Saudi Gazette on 28 - 12 - 2010

MAKKAH: Are conjoined twins one person or two persons? What is the Islamic ruling on sacrificing one twin for the survival of the other? What are the rulings on the marriage of conjoined twins; conducting surgery; their beheading; on shared sexual organs; and on the abortion of such babies?
These were the thorny questions raised Sunday in a paper written by Dr. Abdullah Al-Rabeah, Minister of Health, and presented to the jurisprudents (Fuqaha), scholars and researchers of the Islamic Fiqh Academy.
The academy is currently holding a meeting at the headquarters of the Muslim World League (MWL) under the chairmanship of Sheikh Abdul Aziz Bin Abdullah Aal Al-Sheikh, Grand Mufti of the Kingdom and President of the MWL Constituent Council, and Dr. Abdullah Bin Abdul Muhsin Al-Turki, Secretary General of the MWL.
Al-Rabeah's research was presented on his behalf by Dr. Muhammad Al-Zamakhshari, a member of his medical team, to the Islamic Fiqh Academy. The title of the paper is: “Conjoined twins – definition, causes, percentage of occurrence and types.”
Al-Rabeah pointed out in his paper that the separation of conjoined twins started in the Kingdom 30 years ago, when 62 cases from 16 countries were dealt with. Of the 62 cases, 28 were separated successfully. The medical team decided not to separate 34 because the twins shared a brain or one heart, among other medical reasons.
He said that the Kingdom is a pioneer and leader in the field, and has extensive experience in diagnosing such cases. Al-Rabeah's research was presented with video clips showing different cases and positions of conjoined twins.
It was explained that conjoined twins develop from one ovum and placenta. They are born conjoined in one or more parts of the body, and have the same sex and genetic characteristics.
Seven papers presented
Seven jurisprudential (Fiqhi) research papers were presented by members of the Islamic Fiqh Academy and its experts, who discussed the questions raised by the health minister from two angles - the rulings on the separation of conjoined twins and their inheritance, marriage and crimes.
To tackle the first angle, two research papers were reviewed: “The separation of conjoined twins and the stance of jurisprudents towards it,” presented by Dr. Abdul Fattah Mahmood Idris, Head of Comparative Jurisprudence (Fiqh) at the College of Shariah and Law at Al-Azhar University in Egypt; and “Conjoined twins and the ruling on their separation” presented by Dr. Ahmad Bin Abdulaziz Al-Ghamdi, Director of the Ifta (ruling) Administration in Dubai.
In discussing the second angle, five jurisprudential research papers were presented. Those are: “Conjoined twins” by Dr. Saad Bin Nasser Al-Shithri; “The calamities (Nawazil) of conjoined twins – the rulings related to their separation, inheritance and marriage” and “The jurisprudential (Fiqhi) rulings related to conjoined twins” by Dr. Nasser Abdullah Al-Maiman; “The rulings on conjoined twins in Islamic jurisprudence (Fiqh)” by Dr. Faisal Sa'eed Balla'mash; and “The conjoined twin – marriage, crime and inheritance” by the researcher Muhammad Burhanuddin Al-Sunbuhli. The research papers confirmed the concern of jurisprudents (Fuqaha) and scholars throughout the ages regarding the “Fiqh of calamities” (Fiqh Al-Nawazil) and the serious efforts they made to issue rulings on difficult questions.
The papers also showed that scholars tried to imagine what future events might occur and tried to issue related rulings.
The scholars had also tried to search for issues in the lives of people, and to reach Shariah rulings by using the text of the Holy Qur'an, the Prophet's Sunnah and the jurisprudence (Fiqh) of the rightly-guided ancestors. While discussing these issues, the Fiqh researchers called on people to contemplate the greatness and splendor of Allah's creation and the immense scope of His abilities. They should thank Allah Almighty for the bounties He bestowed on them by granting them excellent health while His other creations face difficulties, the researchers said.


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