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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

Who is the "Capable Person" for whom the Udhiyah is recommended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

Is fasting obligatory for a child?

Fasting is not obligatory for a child until they reach puberty. Puberty is determined by well-known signs, the most common of which are: nocturnal emission (for both males and females), menstruation (for females), or reaching the age of fifteen lunar years.
A guardian must instruct their children to fast once they reach the age of discernment, which is around seven years old, if they are capable of fasting.

What is the ruling on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).
If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.
It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

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