Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(11): “When is a Patient Considered Dead“

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 does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.

What is the ruling on shaving the head of the newborn?

It is desirable to shave the head of the newborn on the seventh day from delivery, and the weight of his/her hair is given in gold , or silver as charity.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.