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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

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

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."

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

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