Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

Resolution No.(11) by the Board of Iftaa`, Research and Islamic Studies:  

“When is a Patient Considered Dead“               

Date: 8/11/1408 AH, 22/6/1988

The Board has received the following question: 

Does the death of a patient`s brain and the stopping of his/her heart and lungs make him/her dead? And what is the ruling of Sharia in this regard?

Answer: All success is due to Allah

The Board has deemed the following: From the view point of Sharia, a person is considered dead and the Sharia rulings of the dead apply to him/her if any of the following signs is present:

1- His/her heart has stopped beating and his/her breath has totally stopped, and the doctors ruled that he/she can`t be revived.

2- His/her brain functions have totally stopped, his/her brain started decomposing, and the expert medical specialists ruled that this brain is very dead and can`t be revived. In this case, he/she is considered dead although his/her heart is still beating by being on life support machines. In this case (2), it is permissible for the doctors to take these machines away, but they can`t rule that this person is dead unless they are absolutely certain of the following:

1- All conditions of brain death are present.

2- Excluding other reasons for comma.

3- The reflexes of the brain`s core have totally stopped.

4- Running all the necessary medical tests, which prove that breathing has stopped.

5- Electricity is static while performing brain scanning.

6- Running any necessary medical tests to ascertain that the brain is dead.

7- All these tests must be run in a fully equipped hospital.

Due to the religious, legal, medical, ethical and social considerations of this issue, a committee of expert medical specialists made of three members at least must do judging that a patient’s brain is dead, and that none of them has any kind of hostility with the patient in question.

The hour of death begins from the moment when the members of the previously mentioned committee put down their signature.

On its part, the Board stresses the need for addressing this critical matter in order to ensure that the conditions stipulated in this Fatwa are executed, and that violating them entails legal accountability. And Allah Knows Best.

The Board of Iftaa`
Chairman of the Board, Chief Justice, Mohammad Mohailan
The Grand Mufti of Jordan,: Izz al-Deen al-Tamimi, Vice Chairman of the Iftaa` Board
Dr. Nooh al-Qodat, Mufti of Jordanian Armed Forces “I have a reservation on the second sign  and see that a patient is considered alive so long as a sign of life is present in him/her.”

Dr.Ibrahim al-Keelani         Dr. Abdulsalam Abbadi

Dr. Abdulfatah Amr              Dr. Abdulhalim Ar-Ramahi

Dr. Mostafa Az-Zarqa           Dr. Mahmood al-Sartawi

Dr. Yasee Dradkeh                Dr. Abdulssalam al-Abbadi

Dr. Sa`eid Hijawi                 

  Dr. Mahmood Al-Awattli  "The same reservation" 

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Summarized Fatawaa

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.

Is washing both openings (Istinjaa`) a must before every ablution?

Washing the front and back openings (Istinjaa`) is a must in case they have an impurity, but if they do not, there is no need for that, and Istinjaa` is not a condition for the validity of ablution.

What is the ruling of Sharia on marrying a Jewish woman, dealing with the Jews, and going to Israel?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is allowed for a Muslim to marry a Jewish or a Christian woman provided that this doesn`t affect his religion. As for dealing with the Jews who are outside Palestine, it is the same as dealing with the Christians; it is permissible as long as it doesn`t harm Islam. As for dealing with the Jews who are inside Palestine, the ruling differs depending on the persons themselves and the situations. By the end of the day, a believer`s heart leads him/her to what is good. And Allah The Almighty Knows Best.

What is teh ruling on thoughtless oath?

One who swears by Allah unintentionally and isn`t determined to fulfill his oath, nothing is due on him. Allah, The Almighty, Says (What means): "God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing." [Al-Baqarah/225]. However, it is dispraised for a Muslim to swear frequently.