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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(165): "Ruling on Transplanting the Heart of a Clinically Dead Patient to another Patient"

Date Added : 04-10-2015

Resolution No.(165), By The Board of Iftaa' Researches and Islamic Studies:

"Ruling on Transplanting the Heart of a Clinically Dead Patient to another Patient" 

Date: 22/4/1432 AH, corresponding to 27/3/2011 AD.

 

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

During the above given date, the Board reviewed the following question:

What`s the ruling of Sharia on transplanting the heart of a clinically dead person to another patient. In other words, that person`s brain is completely dead and doesn`t receive or send any signals whatsoever; however, his heart is still beating, and this has been confirmed by a report of a group of doctors. It is worth mentioning that the heart transplanting will help in the recovery of the other patient?

After prolonged deliberating, the Board decided what follows:

In terms of Sharia, it is impermissible to rule that someone is dead based on a doctor`s report that he is in a state of brain death, save when it is ascertained that he is dead i.e. his heart and breathing system have ceased functioning along with other indicators. This is because, in principle, he is considered alive, unless proven otherwise for sure.

Accordingly, it is impermissible to transplant the heart of a person who is in a state of brain death to another patient, because the heart is still beating and functioning, save when the heart, the brain and the breathing system cease to function completely and to a point of no return.

 

 

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa` Board, Dr. Ahmad Helayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Judge Sari Attieh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Oklah Al-Ib`brahim

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Dr.Abdulrahmann Ibbdah/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

 

(*) It is worth mentioning that our Board has issued a new resolution (237) (5/2017) in which brain death was identified as a real death and accordingly it has the same rulings of Sharia regarding death.  

 

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Summarized Fatawaa

What is the ruling on the white discharge (*Al-Qassat al-Bayda'*) if it is in a very small amount—is it considered a sign of purity?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Among the signs of purity (Tahr) for a woman is the white discharge (Al-Qassat al-Bayda'), which is a clear, pure white fluid, regardless of whether it is minimal in quantity, or complete dryness (Jafaf), wherein secretions cease entirely such that if a white cotton cloth is inserted, it comes out completely clean. Once a woman observes either of these two signs, she has attained ritual purity.
 
Furthermore, another sign of purity is when the duration of the menstrual period exceeds the maximum limit of menstruation, which is fifteen days. If it exceeds this period, it becomes evident that she is experiencing non-menstrual bleeding (Istihadah).
 
The rulings pertaining to menstruation may be reviewed in the article: "Rulings on Menstruation and Postnatal Bleeding Every Muslim Woman Must Know." And Allah Almighty knows best.

Does Laylat al-Qadr move between the nights of Ramadan?

Laylat al-Qadr is definitely in Ramadan, and it is most likely in the last ten nights, especially on the odd-numbered nights.
For this reason, the Prophet ﷺ commanded observing worship in the last ten nights, and he himself used to dedicate those nights to worship. Many people put special effort into the 27th night of Ramadan, and they are rewarded in any case, whether they actually coincide with Laylat al-Qadr or not, because worshiping on any night of Ramadan carries great rewards.
 

What is the ruling of Islamic Law on a person who abandons prayer after reaching puberty—is he required to make them up?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Making up missed obligatory prayers is an Islamic duty just as performing them in their proper time is obligatory, and taking care of them takes precedence over performing voluntary prayers. This is established by the practice of our Supreme Prophet (peace and blessings be upon him) when the polytheists distracted him on the Day of the Trench from performing the Asr prayer, so he made it up afterward, as well as the Hadith: "Pay Allah what is due to Him, for Allah is most deserving of fulfillment." (Recorded by Al-Bukhari)
 
Furthermore, it is valid to make up missed prayers at any time.
 
Whoever has missed a number of prayers and does not know their exact count, it is obligatory upon them to sincerely repent and exert their utmost effort to estimate their number. If they are unable to determine the exact count, they should base it on what is most probable according to their best judgment. They should then make them up gradually; if one performs one missed prayer alongside every current obligatory prayer, the matter becomes easy and manageable, and with the passage of time, one will complete what is owed, Allah willing. And Allah Almighty knows best.

Does using a wet miswak while fasting break the fast?

A fasting person should ensure that the miswak is dry when using it.
However, if the miswak is slightly moist but does not release any liquid when squeezed, then its use does not break the fast.

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