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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

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

1- A young man whose father and grandfather are dead. Unfortuntly, he passedaway leaving a mother, two sisters and a brother. Do his paternal uncles inherit him? 2- A man died leaving daughters, a wife, brothers, a mother or no mother. It is well known that the daughters inherit two thirds and the wife one eighth. To whom does the rest of the estate go and what is the evidence on that from the texts of Sharia?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
1- The full brother or the paternal half-sibling disinherits the paternal uncles. The paternal half-sibling takes one sixth and because they are from the Asabah (Male relatives on the father`s side) of the deceased they take the rest of the estate. The proof of this is that Ibn ‘Abbas (May Allah Be Pleased with them) reported God’s Messenger (PBUH) as saying: "Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir." [Agreed upon]. In this case, nothing is left to them.
2- The brothers take the rest of the deceased`s estate and the full brother disinherits the paternal half-sibling, and the proof of this is the aforementioned narration. And Allah The Almighty Knows Best.

What is the ruling on smoking?

All Perfect Praise is due to Allah, The Lord of The Worlds

Smoking is forbidden (Haram) since it is harmful to one`s health as confirmed by trustful physicians, and Islam has forbidden taking anything that causes harm. The Prophet (PBUH) said: "There should be neither harm nor reciprocated harm." [Ibn Majah and Ahmad]. And Allah Knows Best.

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

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