2897. It is permissible to sever a part from the body parts of a dead k¡fir whose dissection is permissible, with the intention of attaching it to the body of a Muslim. The same applies to severing a part from the body parts of a person whose being a Muslim or a dhimmi is in doubt. Once it becomes a part of a Muslim's body, it is subject to the rules of a Muslim's body.
The same applies to attaching a part that belongs to an essentially najis animal to the body of a Muslim. Once it becomes a part of the Muslim's body, it is subject to the rules of a Muslim's body.
2898. It is not permissible to inseminate a woman with the sperm from a stranger, regardless of whether the act of insemination is carried out by a stranger or the husband of the woman. Although the act of insemination in such a case is forbidden, it does not amount to adultery. In the event that a woman who is artificially inseminated becomes pregnant, the child she bears is the son of the sperm donor. As such, all the rules of children will apply to him. Similarly, the mother who bears a child from artificial insemination also becomes the mother of the child, and all the rules of children apply to her as well.
2899. It is permissible to acquire sperm from a man and to grow it in an artificial womb with the intention of conceiving a child, unless it is contingent on performing a forbidden act, in which case, performing the act is forbidden.
In the event that a child is conceived in this manner, and the ovum of a woman is not used in the process, then the child will belong to the sperm donor and the precepts of father and son will be applicable between the two. However, he will not have a mother. In the event that the ovum of a woman is also used, that woman will be his mother.
2900. It is permissible for a husband to artificially inseminate his wife with his own sperm. If it is carried out by someone other than the husband, then in the event that is entails a forbidden act, then it will be forbidden to perform that act. A child that is born through the process of artificial insemination is subject to the rules of a child.
2901. It is permissible to walk on roads which are constructed on the houses and properties which belong to people, and have been forcibly destroyed by the government and a road has been constructed in their place. However, it is not permissible to exercise discretion over the interests of the property without the consent of its owner.
2902. Mosques which lie in the path of a road, and become a part of the road, obligatory precaution dictates that the precepts of mosques should be observed with respect to them. However, in the event that it becomes najis, it will not be obligatory to make it §¡hir.
As for the waqf properties which lie in the path of a road, they do not cease to be waqf, and it is not permissible to exercise any discretion with respect to them without the permission of its particular care-taker, or the hakim al-shar’iyy or his deputy.
2903. It is permissible to cross or pass by a land that is given in waqf for the general public, such as mosques which lie in the path of a road. As for properties that are given in waqf for particular individuals, such as properties which have been given in waqf for one's children or for schools, it is problematic to do so.
2904. If the area of a mosque which remains after a road has been constructed over it is large enough to accommodate for prayers and other acts of worship, the precepts of a mosque will be applicable to the remaining area. Any form of usage that conflicts with its being a mosque in the general understanding of observant Muslims is not permissible.
2905. If a graveyard that lies in the path of a road, becomes a part of that road, and its land is the property of a private individual, its precepts are the same as the precepts or private properties, the details of which were elaborated in the first article (in this section). However, if it is a waqf, then its precepts have been elaborated in the second and third article, unless crossing or passing by the land amounts to violating the sanctity and honor of Muslims who have been buried in the graveyard. In this case it will be forbidden to cross that land.
However, if it is not a private property, nor has it been given in waqf, then it is permissible to exercise discretion over it as long as it does not amount to violating the sanctity of the dead.
In the first case, it is not permissible to exercise discretion over the interests of the remaining property without the permission of its owner. In the second case, it requires the permission of the particular care-taker, and in the event that he is not available, it requires the permission of the hakim al-shar‘iyy or his deputy. In the last case, permission is not required for exercising any discretion over it.
2906. If a person who is fasting travels by air after sunset to an area where the sun has yet to set, then upon reaching the place, it will not be obligatory on him to avoid the things which break a fast until the sun sets, regardless of whether he had broken his fast at the point of departure or not.
2907. If a duty-bound Muslim offers the fajr prayers in his place of residence, and then travels to a place where the time for fajr has not yet set in, the obligatory precaution is that he should offer his fajr prayers again. The same will apply if he offers the zuhr and ‘a¥r prayers and then travels to an area where the time for zuhr has yet to set it, or offers his maghrib prayers and then travels to a place where the sun has yet to set.
2908. If the time for a prayer elapses in a person’s place of residence, and he fails to offer it, such as a case where the sun rises and a person has failed to offer the fajr prayers, or the sun sets and he has failed to offer the zuhr and ‘a¥r prayers, and then travels to a place where the sun has yet to rise or it has yet to set, then obligatory precaution dictates that he should offer the missed prayers with the intention of offering that which is due on him, which is more general than the intention of ad¡ or qa¤¡.
2909. If a person travels by air and wishes to offer his prayers in the airplane, then if he is able to offer the prayer facing the qiblah along with all its conditions, his prayers will be valid. However, if he is unable to offer his prayer towards the qiblah, but the time for the prayer is such that he will be able to offer it towards the qiblah (in its time) after disembarking the aircraft, then it is not valid to offer the prayer in the aircraft. However, if the time for prayer is limited, and by the time he disembarks, its time will have elapsed, then it will be obligatory on him to offer the prayer in the airplane towards the direction that he knows to be the qiblah. However, if he does not know the direction of the qiblah, then he should offer it towards the direction that he thinks is the qiblah. However, if he has no idea as to the direction of the qiblah, he may offer the prayer in any direction he wishes to do so, even though the recommended precaution is that he should offer it in all four directions. However, if he is completely unable to offer his prayers towards the qiblah, then this condition is not applicable to him.
2910. If a person boards an aircraft whose speed matches the rotational speed of the earth, and he travels in a westward direction, and travels around the earth for a period of time, then obligatory precaution will dictate that he should offer the five daily prayers every twenty four hours, and then he should also offer the qa¤¡ of those prayers and the qa¤¡ of his fasts.
However, if the speed of the aircraft is twice the rotational speed of the earth, then it is obligatory upon him to offer the fajr prayer at the rise of fajr, and the zuhr and ‘a¥r prayer at midday, and the maghrib and ‘ish¡’ prayer at the time of sunset.
However, if his speed is so excessive, that he completes an entire trip around the earth every—for example—three hours, then obligatory precaution dictates that he should offer the prayers at the rise of fajr, at midday and also at sunset, and in every twenty four hour interval he should offer the five daily prayers once again.
If the aircraft travels in an eastward direction, then in the event that his speed matches the rotational speed of the earth, or is less than that, it will be obligatory on him to offer the prayers at the rise of fajr, at midday and at sunset.
However, if the speed of the plane is greater than the rotational speed of the earth, to the extent that he completes an entire trip around the earth every—for example—three hours, then he should observe the aforementioned precaution.
2911. If the duty of a person is to fast whilst traveling, such as a person whose job is to travel, and upon the break of fajr and having made his intention to fast, he travels to an area where it is not yet the time for fajr, it is permissible for him to perform the acts which break a fast.
2912. If a person travels after the time of zuhr in the month of Ramadan and reaches a place where the time of zuhr has yet to enter, it is obligatory upon him to avoid the acts which will invalidate a fast, and he will have to complete the fast of that day.
2913. If we assume that a duty-bound Muslim is located in a place where the day is six months long, and the night is also six months long, but is able to migrate to an area where he can offer his prayers and fasts at the times prescribed by the shari’a, then it is obligatory upon him to migrate. If however he is unable to migrate, then obligatory precaution dictates that he should offer the five daily prayers in every twenty-four hour cycle, and also offer their qa¤¡. He will also have to offer the qa¤¡ of his fasts.
