عربي
Home


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.  

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

Does undergoing an endoscopy during the day in Ramadan affect the validity of fasting?

Undergoing an endoscopic procedure during the day in Ramadan—whether through the mouth, nose, front private part, or back private part—invalidates the fast.
Whoever undergoes such a procedure must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

See More