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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 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 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, 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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