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 memorizing the Quran during menstruation, knowing that I do not read directly from the Quran but from a paper or from my phone?

It is not permissible to memorize the Quran during menstruation because memorization requires repetition, and a menstruating woman cannot touch the physical pages of the Quran. Similarly, if the Quranic verses appear on the screen of the phone, it is considered like touching the Quran. And Allah Knows Best.

What is the ruling on the existence of cattles' marketplace of (Sheeps, cows and chickens ) inside a graveyard?

Graves must be respected, and it is not permissible to sit on them or show any disrespect. Establishing a marketplace within a cemetery is undoubtedly a form of disrespect to the deceased and is not permissible. Such actions should not be tolerated. And Allah Knows Best.

What is meant by "Recalcitrance of the woman toward her husband doesn`t render her divorced"?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It means that her being recalcitrant (Nashiz) doesn`t make her divorced. Rather, she has to be divorced by husband or Sharia judge to be considered divorced. And Allah The Almighty Knows Best.

What should one who forgot to offer the second Sajda during congregational prayer, and remembered it before the end of the prayer do?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                          Whoever forgets a pillar of prayer while in congregation must follow the lead of the Imam, and after the latter offers Tasleem, he should offer one Rakah, then perform Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.