Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(237): "Emphasizing an Earlier Resolution about Brain Death"

Date Added : 31-05-2017

Resolution No.(237)(5/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Emphasizing an Earlier Resolution about Brain Death"

Date: (27/Sha`aban/1438 AH), corresponding to (24/5/2017 AD).

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its fifth session held on the above date, the Board reviewed the following question: Based on the recommendations of the Third International Medical-Fiqh Conference held under the patronage of your eminence at the World Islamic Sciences and Education University, we hope that your eminence would clarify the final stand of Sharia on Fatwa No. (2011) concerning the donation of  human organs.

After deliberations, the Board decided the following:

The Board has already issued a resolution considering brain death as actual death upon which all rulings of a dead person apply. It is resolution No. (11), 1988. At that time, this resolution has adopted the theme of resolution No. (5/3)(1986), by the International Islamic Assembly which was held in Amman at that time.

On its part the Iftaa` Board emphasizes the content of Resolution (11) and recommend adhering to it.

The states in it and 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 decided 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 totally 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 equipmets. In this case (2), it is permissible for the doctors to take them 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- Other causes of comma are excluded.

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, judging that a patient’s brain is dead must be done by a committee of expert medical specialists made of three members at least, and that none of them has any kind of hostility with the patient in question. Time of death begins from  the moment when the members of the aforesaid 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

What should someone do if they fasted for 30 days in their country, then traveled to a place where people are still fasting?

If a person completes 30 days of fasting in their country and then travels to another country where people are still fasting, they should continue fasting with them until they observe Eid. Even if they have already completed 30 days, he/she should abstain from eating and drinking and join the people of that country because he/she has now become part of that community.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

When does the time of Isha' prayer end?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It ends at the emergence of true Fajr (Fajr Al-Sadiq ), and when the second Athaan of Fajr starts.And Allah Knows Best.

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.