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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

What is the ruling on making up the regular *rawātib* (sunnah) prayers together with a missed obligatory prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is obligatory to make up (qaḍāʾ) a missed obligatory prayer (farḍ). As for the timed supererogatory prayers (al-sunan al-muʾaqqatah) or the regular rawātib prayers, it is recommended (mandūb) to make them up, even if a long time has passed. Ibn Ḥajar (may Allah have mercy on him) said in his Fatāwā: "It is established in our school that it is sunnah to make up the timed voluntary prayers, by night or by day, even if congregation is not prescribed for them, whether much time has passed or little."
Accordingly, it is recommended to make up the sunan together with the obligatory prayer. And Allah Almighty knows best.
________________________________________
Note on terminology: Al-nawāfil al-muʾaqqatah (timed voluntary prayers) refers to supererogatory prayers tied to a specific time or cause, such as the rawātib (regular prayers before and after the obligatory ones), Duha, and the like. The ruling given here reflects the Shāfiʿī position.

Is it permissible to authorize charitable organizations to perform the Udhiyah on one`s behalf?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to authorize charitable organizations to perform the sacrifice (Udhiyah) on one’s behalf. However, if these organizations undertake the slaughtering for a group of people, those in charge of the slaughtering must maintain lists of the names of those who authorized them. Furthermore, at the time of slaughter, the slaughterer must intend that the specific sacrifice is on behalf of a specific person. And Allah the Almighty knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

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