Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(237): "Emphasizing an Earlier Resolution about Brain Death"

Date Added : 31-05-2017

Resolution No.(237)(5/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Emphasizing an Earlier Resolution about Brain Death"

Date: (27/Sha`aban/1438 AH), corresponding to (24/5/2017 AD).

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its fifth session held on the above date, the Board reviewed the following question: Based on the recommendations of the Third International Medical-Fiqh Conference held under the patronage of your eminence at the World Islamic Sciences and Education University, we hope that your eminence would clarify the final stand of Sharia on Fatwa No. (2011) concerning the donation of  human organs.

After deliberations, the Board decided the following:

The Board has already issued a resolution considering brain death as actual death upon which all rulings of a dead person apply. It is resolution No. (11), 1988. At that time, this resolution has adopted the theme of resolution No. (5/3)(1986), by the International Islamic Assembly which was held in Amman at that time.

On its part the Iftaa` Board emphasizes the content of Resolution (11) and recommend adhering to it.

The states in it and 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 decided 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 totally 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 equipmets. In this case (2), it is permissible for the doctors to take them 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- Other causes of comma are excluded.

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, judging that a patient’s brain is dead must be done by a committee of expert medical specialists made of three members at least, and that none of them has any kind of hostility with the patient in question. Time of death begins from  the moment when the members of the aforesaid 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

Is it permissible for a woman to wear underwear while performing Umrah?

Yes, it is permissible for a woman to wear underwear while performing Umrah. This is because she should keep her regular clothes that cover all her body while being in a state of Ihram (ritual consecration) for Hajj, or Umrah. However, she should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.