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Resolutions of Iftaa' Board

Resolution No. (117): "The Avoidance of Patient Positioning on Life Support Equipment as regards Hopeless Cases"

Date Added : 28-10-2015

Resolution No.(117): "The Avoidance of Patient Positioning on Life Support Equipment as regards Hopless Cases"

Date: 18/9/1427 AH, corresponding to 11/10/2006 AD.

 

The board received the following question:

 

Is it permissible for a medical team not to place a cancer patient on life support equipment, or a respirator, or to carry out renal dialysis for him/her if it has confirmed with certainty that such procedures are hopeless?

 

Answer: All success is due to Allah

 

The Board is of the view that it is permissible not to position a cancer patient on life support equipment, or a respiratory system, or dialysis machine if the treating team has confirmed and is certain that such procedures are hopeless (1) This is if this decision is backed by a report of an expert medical team comprising from three specialized, honorable, and trustworthy doctors, at least.

This is because patient positioning on the above system, or administering direct renal dialysis doesn`t help in his recovery, and neither hasten nor delay his death, because death is in the Hands of Allah Alone.  Allah The Almighty Says (what means): "But never will Allah delay a soul when its time [of death] has come. And Allah is acquainted with what you do." [Al-Munafiqun/11]. 

 

Evidence on the permissibility of refraining from treating such hopeless cases is what happened to Umar Bin Al-Khattab (May Allah be pleased with him) when he was stabbed in the mosque.  A drink made from dates was brought to him (2), which he drank, but it came out of a wound in his abdomen, then milk was brought to him, which he drank, and it came out of a wound in his abdomen as well, and then the people knew that treating him was hopeless because he was considered dead, and so they gave up on him. This indicates that when a patient is in a state of clinical death, he takes the ruling of a dead person. And Allah Knows Best.

 

Iftaa` Board

Head of the Iftaa` Board

                  Chief Justice / Dr. Ahmed Muhammad Hilayil

             Sheikh Abd al-Kareem al-Khusaawinah    

       Dr. Yusuf Ali Ghaythan

             Sheikh Saeed Abd al-Hafiz al-Hijawi        

Dr. Wasif al-Bakri

     Dr. Yaser al-Shamali

 

 

 

(1) The patient himself has the right to abstain from treatment if he is content with what Allah has decreed for him (namely, death), and prefers patience to treatment, but it is not permissible for a doctor to withhold treatment from a patient under the pretext that it is useless, since life and death are in Allah's hand.

(2) Wine: is a sweetened water with some dates for the purpose of being tasteful similar to juice, but not an intoxicated wine.

 

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Summarized Fatawaa

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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