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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

Where should a woman following her husband or another man in prayer stand?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a single woman prays with a man—whether she is his wife or a non-mahram (Ajnabiyyah)—the Sunnah is for her to stand behind the Imam and be shielded by him. If the Imam is leading both a man and a woman, the man should stand to the Imam's right, and the woman should stand behind the male follower (Muqtadi). In this way, she is shielded from the Imam by the male follower and remains at a distance from the follower and his line of sight. And Allah the Exalted knows best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

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