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Resolutions of Iftaa' Board

Resolution No.(11): “When is a Patient Considered Dead“

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 very 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, a committee of expert medical specialists made of three members at least must do judging that a patient’s brain is dead, and that none of them has any kind of hostility with the patient in question.

The hour of death begins from the moment when the members of the previously mentioned 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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Summarized Fatawaa

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

What is the ruling on the prayer of one who said "Subḥāna Rabbiya al-ʿAẓīm" in prostration (*sujūd*) and forgot to correct it?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying “Subḥāna Rabbiya al-ʿAẓīm” in bowing (rukūʿ) and “Subḥāna Rabbiya al-Aʿlā” in prostration (sujūd) is one of the hayʾāt (non-essential sunnahs) of the prayer. Whoever omits it, whether deliberately or by forgetfulness, or replaces it with another remembrance (dhikr), his prayer is valid and he does not perform sujūd al-sahw. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that one does not prostrate for omitting the audible or silent recitation, the tasbīḥ, and the rest of the hayʾāt.” [al-Majmūʿ, Vol.4/p.127]
If he performs sujūd al-sahw for something that does not call for it, his prayer is invalidated, because he introduced a prostration of forgetfulness without a cause, and he must repeat the prayer. The exception is one who did so out of forgetfulness or ignorance, whether because he recently entered Islam or because he lives far from scholars; he is excused and his prayer is not invalidated.
It is stated in Mughni al-Muḥtāj (Vol.1/p.417): “It is stated in al-Anwār: If he does something that does not call for sujūd al-sahw, thinking that it does, and then prostrates, his prayer is not invalidated if he is ignorant because he recently entered Islam or because he is far from scholars.”
Since this issue is hidden from the laity, as it is among the subtleties of knowledge, and the laity are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of the issue is not invalidated. As for after knowing it, the prayer is invalidated.
Whoever realizes while still in the prayer that his prostration was out of place, it is sunnah for him to perform sujūd al-sahw. And Allah Almighty knows best.

What is the ruling on performing the Duha (forenoon) prayer before its time has begun, because I go to school early in the morning?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Duha (forenoon) prayer is not valid if performed before its time has begun. Its time starts when the sun has risen to a noticeable height, that is, approximately fifteen minutes after sunrise, and it ends when the sun reaches its zenith (zawāl), shortly before the Dhuhr (noon) prayer. It is stated in Mughni al-Muhtaj (Vol.1/p.455): “Its time is from the rising of the sun [to a spear’s height] until the zenith.”
Accordingly, the Duha prayer is not valid if offered before the sun has risen, and its time remains open until just before Dhuhr. It may be performed at any time at school, during the break between classes or during recess. And Allah Almighty knows best.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

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