Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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 is the Islamic ruling regarding a person finding buried treasure, whether gold or artifacts, and what is their share of it?

If the buried treasure is Islamic, it is considered Luqta (lost property), and the finder must announce it to locate its owner. If all efforts to find the owner fail, the finder may take ownership of it. If the treasure is non-Islamic and consists of gold or silver, zakat must be paid on it, which is one-fifth of its value. And Allah Knows Best.

Is my son who was breastfed one filling time by my aunt considered a brother to her children?

The baby who was suckled five sporadic times by a woman is considered a son/daughter of hers.

I`m a Muslim woman and have fallen in love with a Christian man. Supposing that he embraced Islam. Is it permissible that he proposes to me?

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.
The relationship between you two is forbidden; however, if he wants to embrace Islam then he should pay a visit to a Sharia court. Once he becomes a Muslim, we will address the matter of proposing to you. And Allah The Almighty Knows Best.

After I was ran over, I had cracked ribs, concussion, a tension pneumothorax, and retired as a result. What is the amount of the Diya?

All praise is due to Allah the Lord of the worlds. May the blessings of Allah be upon our Master and Prophet Muḥammad and his pure progeny.
 
What you have mentioned requires a detailed medical report since the benefit of every organ that you have lost deserves a full Diya (In Islamic law, Diya is the financial compensation paid to the victim or heirs of a victim in the cases of accidental murder, bodily harm or property damage). Moreover, the decrease in the benefit of some organs has to be assessed by expert doctors and allocated a percentage from the Diya accordingly. Therefore, we advise you to refer the matter to the courts or reconcile with the driver and forgive him so that Allah may forgive you. And Allah The Almighty Knows Best.