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

If a woman becomes pure from menstruation shortly after Fajr in Ramadan, what is required of her?

If a woman becomes pure (from menstrual period) after Fajr, even shortly after, it is recommended (but not obligatory) for her to refrain from eating and drinking for the rest of the day. However, she must make up for that day after Ramadan.
She will be rewarded for both refraining from eating (imsak) and making up the fast (qada) since she was menstruating for part of the day.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

What is the ruling on deliberately breaking the fast while being capable of fasting?

Whoever intentionally breaks their fast in Ramadan without a valid excuse has committed a major sin and bears great guilt. They must repent, seek forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day after Ramadan.
They have lost an immense reward, which cannot be compensated even by fasting an entire lifetime as a voluntary act, because an obligatory fast cannot be equaled by voluntary fasting.
If the fast was broken through sexual intercourse, the person must:
● Make up for the missed fast (qada), and
● Perform kaffarah by fasting two consecutive months.
● If they are unable to do so, they must feed sixty needy people.