What are the types of haraam transactions? Please quote the evidence for that.
Praise be to Allaah.
There are many types of haraam transactions, and it is not possible to
list them all in this brief answer. On our website, in the section on
haraamtransactions you will find many of these transactions.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) mentioned a
useful principle concerning thismatter, which will help one to
understand the issue and by referring toit the issue will become
clear.
He (may Allah have mercy on him) said in Majmoo' al-Fataawa (29/22):
The second principle concerning contracts, both halaal and haraam: the
basic principle in thisregard is that Allah has forbidden us in His
Book to eat up one another's property unjustly (cf. 2:188); He
condemned the rabbis and monks who ate up the people's wealth
unjustly; He condemned the Jews for consuming usury (riba) when they
had been forbidden to do so, and for eating up the people's wealth
unjustly.This includes everything that is eaten up or consumed
unjustly in transactions and donations, and whatever is taken without
consent.
Eating up or consuming wealth unjustly in transactions is of two
types, which Allah mentioned in His Book. They are usury (riba) and
gambling.
The prohibition on usury, which is the opposite of charity, is
mentioned at the end of Soorat al-Baqarah, Soorat Aal 'Imraan and
ar-Room. The Jews are condemned for it in Soorat an-Nisa', and the
prohibition on gamblingis mentioned in Soorat al-Maa'idah.
Then the Messenger of Allah (blessings and peace of Allah be upon him)
explained in detail that which Allah had mentioned in general terms in
His Book. The Prophet (blessings and peace of Allah be upon him)
forbade ambiguoustransactions, as was narrated by Muslim and others
from Abu Hurayrah (may Allah be pleased with him). Ambiguous
transactions are those of which the outcome is unknown, which leads to
the same negative outcomes as gambling, namely enmity and resentment,
in addition to consuming wealth unlawfully, which is a type of
oppression or wrongdoing. Ambiguoustransactions involve wrongdoing,
enmity andresentment.
As for usury, the prohibition on it in the Qur'an is more
emphatic.Hence Allah, may He be exalted, says (interpretation of the
meaning):
"O you who believe! Be afraid of Allah and give up what remains (due
toyou) from Riba (usury) (from now onward), if you are (really)
believers.
And if you do not do it, then take a notice of war from Allah and His Messenger"
[al-Baqarah 2:278-279].
The Prophet (blessings and peace of Allah be upon him) included it
among the major sins, aswas narrated in as-Saheehayn from Abu Hurayrah
(may Allah be pleased with him). Allah stated that some good things
that had been permitted to the Jews became forbidden to them because
of their wrongdoing, their preventing people from following the path
of Allah, and their consuming people's wealth unlawfully. And He, may
He be glorified and exalted, said that Hewill destroy riba (usury) as
He gives increase for charity (cf. 2:276). Both matters are tried,
tested and true in people's experience. End quote.
So the basic principle is that any transaction thatincludes either of
these two forbidden matters – usury (riba) or gambling – or that is a
trick to get around the prohibition on these two things, comes under
the heading of haraam transactions.
Examples of transactions that are haraam becauseof usury (riba)
include: 'Eenah transaction [which means to sell something for a price
to be paid at a later date, then to buy it back for a lower price to
be paid immediately]; selling debts; combining a sale contract with a
loan; andthe like.
Examples of transactions that are haraam becauseof gambling include:
sales of unknown items; and sales of things that one cannot deliver.
--
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Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
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Wednesday, November 7, 2012
Some types of haraam transactions
Ruling on the wudoo’ ofone who washes his arms from the wrists to the elbows, and does not wash the hands
In my community and in the Muslim world, many Muslims make the mistake
of only washing from the wrist to the elbows in elbows instead of
washing the hands also in wuduu. Although I try to tell people,
sometimes we are led by different people in prayer(we do not have an
imam). So if I do not know if this person does wuduu correctly or not,
should I pray behind him anyway? Does it depend on how much doubt I
have? Someitmes I may already know the brother who is going to lead us
and I have a big feeling he does wuduu in hte worng way yet should I
ask him as he is about lead prayer.
Praise be to Allaah.
Firstly:
The parts of the body that must be washed in wudoo' are mentioned in
the verse in which Allah, may He be exalted,says (interpretation of
the meaning): "O you who believe! When you intend to offer As-Salat
(the prayer), wash your faces and your hands (forearms) up to the
elbows, rub (by passing wet hands over) your heads, and (wash) your
feet up to ankles" [al-Maa'idah 5:6].
Allah, may He be exalted,has made it obligatory to wash the arms up to
the elbows after washing the face, and this cannot be done except by
washing the arms from the fingers upto the elbows. The one who limits
it to washing them from the wrists to the elbows has not performed
this obligation.
With regard to washing their hands at the beginning of wudoo', this is
Sunnah, and cannot suffice for the obligatory action, according to the
majority of scholars, contrary to the Hanafi view.
The majority of scholars are of the opinion that itis obligatory to
wash theparts of the body in wudoo' in the correct order as mentioned
in the verse: washing the face, then washing the arms, then wiping
over the head, then washing the feet.
Based on that, it is not valid to regard washing the hands at the
beginning of wudoo' as being sufficient and not washing them again
with the rest of the of the arm, because that leads to failure to
follow the proper sequence, washing of the face in the middle of
washing the arms. What is required is to wash the entire arm, after
washing the face.
To sum up: if a person does wudoo' and washes his hands, then rinses
his mouth and nose, and washes his face, then he washes his arms from
the wrists to the elbows, his wudoo' is not valid according to most of
the scholars.
Shaykh Ibn Jibreen (may Allah preserve him) was asked: What is the
rulingon one who washes his arms from the wrist to the elbow, without
washing his hands, thinking that his washing of his hands at the
beginning of wudoo' is sufficient? Does he have to repeat wudoo'?
He replied: It is not permissible when doing wudoo' to wash the
forearm only, without the hand. Rather when he has finished washing
his face, he should start to wash the arms, and he should wash each of
them from the fingertipsup to the elbow, even if he washed his hands
before his face, because washing them the first time is Sunnah, and
washing them after the face is obligatory. If a person only washes his
arms from the wrist to the elbow, then he has not completed wudoo' as
required, and he has to repeat his wudoo' after completing it, or
hehas to wash what he omitted if only a short time has passed (since
he completed it), so he should wash the hands and what comes after
that.
End quote from al-Lu'lu' al-Makeen min Fataawa Shaykh Ibn Jibreen, p. 77
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said: Here we
should point out something that many people neglect, as they wash the
arm from the wrist to the elbow, thinking that they had finished
washing the hands before washing the face, but this is not correct. It
is essential to wash the arm from the fingertips to the elbows.
End quote from al-Liqa' ash-Shahri, 3/330
And Allah knows best.
of only washing from the wrist to the elbows in elbows instead of
washing the hands also in wuduu. Although I try to tell people,
sometimes we are led by different people in prayer(we do not have an
imam). So if I do not know if this person does wuduu correctly or not,
should I pray behind him anyway? Does it depend on how much doubt I
have? Someitmes I may already know the brother who is going to lead us
and I have a big feeling he does wuduu in hte worng way yet should I
ask him as he is about lead prayer.
Praise be to Allaah.
Firstly:
The parts of the body that must be washed in wudoo' are mentioned in
the verse in which Allah, may He be exalted,says (interpretation of
the meaning): "O you who believe! When you intend to offer As-Salat
(the prayer), wash your faces and your hands (forearms) up to the
elbows, rub (by passing wet hands over) your heads, and (wash) your
feet up to ankles" [al-Maa'idah 5:6].
Allah, may He be exalted,has made it obligatory to wash the arms up to
the elbows after washing the face, and this cannot be done except by
washing the arms from the fingers upto the elbows. The one who limits
it to washing them from the wrists to the elbows has not performed
this obligation.
With regard to washing their hands at the beginning of wudoo', this is
Sunnah, and cannot suffice for the obligatory action, according to the
majority of scholars, contrary to the Hanafi view.
The majority of scholars are of the opinion that itis obligatory to
wash theparts of the body in wudoo' in the correct order as mentioned
in the verse: washing the face, then washing the arms, then wiping
over the head, then washing the feet.
Based on that, it is not valid to regard washing the hands at the
beginning of wudoo' as being sufficient and not washing them again
with the rest of the of the arm, because that leads to failure to
follow the proper sequence, washing of the face in the middle of
washing the arms. What is required is to wash the entire arm, after
washing the face.
To sum up: if a person does wudoo' and washes his hands, then rinses
his mouth and nose, and washes his face, then he washes his arms from
the wrists to the elbows, his wudoo' is not valid according to most of
the scholars.
Shaykh Ibn Jibreen (may Allah preserve him) was asked: What is the
rulingon one who washes his arms from the wrist to the elbow, without
washing his hands, thinking that his washing of his hands at the
beginning of wudoo' is sufficient? Does he have to repeat wudoo'?
He replied: It is not permissible when doing wudoo' to wash the
forearm only, without the hand. Rather when he has finished washing
his face, he should start to wash the arms, and he should wash each of
them from the fingertipsup to the elbow, even if he washed his hands
before his face, because washing them the first time is Sunnah, and
washing them after the face is obligatory. If a person only washes his
arms from the wrist to the elbow, then he has not completed wudoo' as
required, and he has to repeat his wudoo' after completing it, or
hehas to wash what he omitted if only a short time has passed (since
he completed it), so he should wash the hands and what comes after
that.
End quote from al-Lu'lu' al-Makeen min Fataawa Shaykh Ibn Jibreen, p. 77
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said: Here we
should point out something that many people neglect, as they wash the
arm from the wrist to the elbow, thinking that they had finished
washing the hands before washing the face, but this is not correct. It
is essential to wash the arm from the fingertips to the elbows.
End quote from al-Liqa' ash-Shahri, 3/330
And Allah knows best.
Tuesday, November 6, 2012
The Sick and Ailing in Islam - Visiting the Sick
The Prophet (S) has said:
When you visit a sick person, comfort him, though this does not alter
his destiny, but it will calm him his worries and refresh his spirit.
Such ethereal support, according to al-Akili (1993) helps the human
spirit, builds up will of the patient, and empowers his
psycho-physiological process to defeat the illness. The religion Islam
has strongly recommended its followers to constantlyvisit the sick,
and the rewards attached to suchan act are limitless. The reason for
this behavior is not only related to the fact that the sick person
gets company and confidence, but the stronger relationship is to one's
energy system, and the interaction with the fields of energy of the
sick person and its rate of vibration.
An emotional mental trauma can create interruptions in the flow of
energy within an ailing person and may surface as physical pain,
illness, or disease. When someone is ill, he suffers a big hole in his
energy and chances are that the force fields have slowed down and are
not spinning quite so fast (Lindgren et. al., 1997 & Weston, 2000).
This hole can be filled up with higher sources of energy,i.e. the
healthier people who come to visit the sick person, and various other
elements, or meditation and prayer. For instance, we have seen that
the Prophet (S) always advised the sick to stand up and pray to the
Almighty.
Grad (1965) of McGill University in Montreal observed in his
experiments that if depressed psychiatric patients held the flasks
ofwater (which was later poured on barley seeds), the growth of the
seeds was retarded. The opposite was the case if spiritually and
emotionally balanced healers held the flasks of water. Weston (1998)
writes that a depressed person or any person with an evil thought or
lustful intention releases detrimental info-energy that is powerful
enough to cause a disturbance in someone else's energy system. These
experiments have concluded that the energy surrounding a sick person
is blocked, the force fields being unstable with low vibrations. The
information within the energy is also agonizing.
Because the sick person's energy will have low-charged, weak, and
unstable fields of energy,he may naturally draw and attract stronger
and much free flowing energy from the higher energy source, the
healthier friend or relative. There is also a possibility that a sick
person's energy flow is inthe opposite and wrong direction. This
visitor's energy will go on to balance and reduce blockages that exist
in the energy centers of the sick person.
If more healthy people and friends visit the sick person, the weak
energy can completely be transformed and the sick person may feel
vibrant and active and the energy will begin spinning clockwise
indicating the start of healing. This is why we have Muslims visiting
the sick always in a group, and in his presence, there is recitation
of Qur'an, or invocations. These types of practices are deeply rooted
and contain powerful ingredients to heal a sick person at the energy
level.
It is recorded in history that when the American Indians needed to
replenish their energy, they would go into the woods; arms extended,
and absorb as much energy from the trees as possible . Apparently,
Deepak Chopra (1998) in Healing the Heart recommends daily walking
around the woods in the morning, and that the trees at that particular
time have fresh and unadulterated energy to release and allow free
flowing energy communication with the person. Weston (1998) also
recommends putting one's arms around a tree to draw energy.
Peter Tompkins and Christopher Bird (1989), in their book The Secret
Life of Plants, quote an experiment in which a few unhealthy plants
were kept in the middle, surrounded by a large group of healthy
plants. Because the healthy plants emitted stable, strong and highly
charged energy that almost instantly interacted with the sick plant's
weak energy, the sick plants got stronger and healthier day by
day.This change can be strongly attributed to theenergy interactions,
the higher vibratory source feeding the lower source - the blocked and
low-charge energy replaced with pure and steady source of energy.
Results of a study, which were published in the year 2000 in the
journalHorttechology, says that people in roomswith houseplants and a
view of trees could tolerate more physical pain than those in
surroundings without any plants or trees. The Washington State
University conducted this study. Clearly, there was arelationship
between theenergy in plants and trees and the energy within an ailing
person.
Tompkins and Bird (1989)quote yet another experiment by Marcel Vogel,
in which the experimenter paid some attention to a particular leaf,
and none to other leaf, the control. He found out that the leaf
towhich there was no attention paid appeared flaccid, turning brown
and beginning to decay. The leaf on which there was focused attention
was radiantly vital and green, just as if it had been freshly plucked
from the garden.
There was indeed some kind of power that was keeping the leaf in a
healthy state, and that power was the energy interaction between the
person and the plant. Simply the person attending to it observed
significant growth in a leaf. Vogel continued his experiments in
different situations and found similar results. In some experiments,
the leaves that were attended to by human attention appeared to even
heal their wounds caused by being ripped off from thetree.
Islam has also been kind enough to advise the healthy people and
relatives to refrain from staying for a long time with a sick person.
Not only would this act make the sick person lethargic, there could be
a reversal effect, in that the sick person's energy may absorb too
much free flowing and balanced energy from the healthy person thus
lowering his healthy and vibratory nature. This may further cause
short-term illness or lethargy because of the excessive amounts of
highly charged energy being drained from the healthy person.
Praying for the Sick
We have already noted the benefits of prayer, even if the ailing
person is in another continent. Itis customary for Muslims to ask
their brethren to remember them in their prayers, and Muslims pray in
congregation for each other all the time. Inparticular, when someone
is sick, then Muslims gather together and pray for that sick andailing
person. According to Weston (1998), a group of people, saying prayers
has the followingeffect on the group, its surroundings, and the
persons the prayer may be offered to:
When you pray with other family members, you form a sacred group
energy field. The energy released bathes everyonein that room. It
flows intothe carpet, the walls, and furniture, leaving a residue of
it present at alltimes. This sacred group energy field is filled with
information, the information from the intent and content of your vocal
prayers together.
Group power, according to Weston (1998) can achieve same healing
results as that of one world-class healer. Scientists accept this
typeof prayer, with intention (as the person's name is being
mentioned), as proven acts that provide healing to the recipient.
Several specific studies have already been quoted in the earlier
sections, but one large meta-study is quoted below.
Recently, studies were identified by an electronic search of the
MEDLINE, PsychLIT, EMBASE, CISCOM, and Cochrane Library Databases from
their inception to the end of 1999 and by contact withresearchers in
the field. Studies with the following features were included; random
assignment, placebo or other adequate control, publication in
peer-reviewed journals, clinical (rather than experimental)
investigations, and use ofhuman participants. Two investigators
independently extracted data on study design, sample size, type of
intervention, type of control, direction of effect (supporting or
refuting the hypothesis), and nature of the outcomes.
A total of 23 trials involving 2774 patients met the inclusion
criteria and were analyzed. Heterogeneity of the studies precluded a
formal meta-analysis. Of the trials, five examined prayer as the
distant healing intervention, 11 assessed non- contact therapeutic
touch, and seven examined other forms of distant healing. Of the 23
studies, 13 (57%) yielded statisticallysignificant treatment effects,
nine showed no effect over control interventions, and one showed a
negative effect.
The study concluded that the methodological limitations of several
studies make it difficult to draw definitive conclusions about the
efficacy of distant healing. However, given that approximately 57% of
trials showed a positive treatment effect,the evidence thus far merits
further study. This study appeared in the Annals of Internal Medicine
2000.
--
- - - - -
And Allah Knows the Best!
- - - - -
Published by :->
M NajimudeeN Bsc- INDIA
- - - - - - -
When you visit a sick person, comfort him, though this does not alter
his destiny, but it will calm him his worries and refresh his spirit.
Such ethereal support, according to al-Akili (1993) helps the human
spirit, builds up will of the patient, and empowers his
psycho-physiological process to defeat the illness. The religion Islam
has strongly recommended its followers to constantlyvisit the sick,
and the rewards attached to suchan act are limitless. The reason for
this behavior is not only related to the fact that the sick person
gets company and confidence, but the stronger relationship is to one's
energy system, and the interaction with the fields of energy of the
sick person and its rate of vibration.
An emotional mental trauma can create interruptions in the flow of
energy within an ailing person and may surface as physical pain,
illness, or disease. When someone is ill, he suffers a big hole in his
energy and chances are that the force fields have slowed down and are
not spinning quite so fast (Lindgren et. al., 1997 & Weston, 2000).
This hole can be filled up with higher sources of energy,i.e. the
healthier people who come to visit the sick person, and various other
elements, or meditation and prayer. For instance, we have seen that
the Prophet (S) always advised the sick to stand up and pray to the
Almighty.
Grad (1965) of McGill University in Montreal observed in his
experiments that if depressed psychiatric patients held the flasks
ofwater (which was later poured on barley seeds), the growth of the
seeds was retarded. The opposite was the case if spiritually and
emotionally balanced healers held the flasks of water. Weston (1998)
writes that a depressed person or any person with an evil thought or
lustful intention releases detrimental info-energy that is powerful
enough to cause a disturbance in someone else's energy system. These
experiments have concluded that the energy surrounding a sick person
is blocked, the force fields being unstable with low vibrations. The
information within the energy is also agonizing.
Because the sick person's energy will have low-charged, weak, and
unstable fields of energy,he may naturally draw and attract stronger
and much free flowing energy from the higher energy source, the
healthier friend or relative. There is also a possibility that a sick
person's energy flow is inthe opposite and wrong direction. This
visitor's energy will go on to balance and reduce blockages that exist
in the energy centers of the sick person.
If more healthy people and friends visit the sick person, the weak
energy can completely be transformed and the sick person may feel
vibrant and active and the energy will begin spinning clockwise
indicating the start of healing. This is why we have Muslims visiting
the sick always in a group, and in his presence, there is recitation
of Qur'an, or invocations. These types of practices are deeply rooted
and contain powerful ingredients to heal a sick person at the energy
level.
It is recorded in history that when the American Indians needed to
replenish their energy, they would go into the woods; arms extended,
and absorb as much energy from the trees as possible . Apparently,
Deepak Chopra (1998) in Healing the Heart recommends daily walking
around the woods in the morning, and that the trees at that particular
time have fresh and unadulterated energy to release and allow free
flowing energy communication with the person. Weston (1998) also
recommends putting one's arms around a tree to draw energy.
Peter Tompkins and Christopher Bird (1989), in their book The Secret
Life of Plants, quote an experiment in which a few unhealthy plants
were kept in the middle, surrounded by a large group of healthy
plants. Because the healthy plants emitted stable, strong and highly
charged energy that almost instantly interacted with the sick plant's
weak energy, the sick plants got stronger and healthier day by
day.This change can be strongly attributed to theenergy interactions,
the higher vibratory source feeding the lower source - the blocked and
low-charge energy replaced with pure and steady source of energy.
Results of a study, which were published in the year 2000 in the
journalHorttechology, says that people in roomswith houseplants and a
view of trees could tolerate more physical pain than those in
surroundings without any plants or trees. The Washington State
University conducted this study. Clearly, there was arelationship
between theenergy in plants and trees and the energy within an ailing
person.
Tompkins and Bird (1989)quote yet another experiment by Marcel Vogel,
in which the experimenter paid some attention to a particular leaf,
and none to other leaf, the control. He found out that the leaf
towhich there was no attention paid appeared flaccid, turning brown
and beginning to decay. The leaf on which there was focused attention
was radiantly vital and green, just as if it had been freshly plucked
from the garden.
There was indeed some kind of power that was keeping the leaf in a
healthy state, and that power was the energy interaction between the
person and the plant. Simply the person attending to it observed
significant growth in a leaf. Vogel continued his experiments in
different situations and found similar results. In some experiments,
the leaves that were attended to by human attention appeared to even
heal their wounds caused by being ripped off from thetree.
Islam has also been kind enough to advise the healthy people and
relatives to refrain from staying for a long time with a sick person.
Not only would this act make the sick person lethargic, there could be
a reversal effect, in that the sick person's energy may absorb too
much free flowing and balanced energy from the healthy person thus
lowering his healthy and vibratory nature. This may further cause
short-term illness or lethargy because of the excessive amounts of
highly charged energy being drained from the healthy person.
Praying for the Sick
We have already noted the benefits of prayer, even if the ailing
person is in another continent. Itis customary for Muslims to ask
their brethren to remember them in their prayers, and Muslims pray in
congregation for each other all the time. Inparticular, when someone
is sick, then Muslims gather together and pray for that sick andailing
person. According to Weston (1998), a group of people, saying prayers
has the followingeffect on the group, its surroundings, and the
persons the prayer may be offered to:
When you pray with other family members, you form a sacred group
energy field. The energy released bathes everyonein that room. It
flows intothe carpet, the walls, and furniture, leaving a residue of
it present at alltimes. This sacred group energy field is filled with
information, the information from the intent and content of your vocal
prayers together.
Group power, according to Weston (1998) can achieve same healing
results as that of one world-class healer. Scientists accept this
typeof prayer, with intention (as the person's name is being
mentioned), as proven acts that provide healing to the recipient.
Several specific studies have already been quoted in the earlier
sections, but one large meta-study is quoted below.
Recently, studies were identified by an electronic search of the
MEDLINE, PsychLIT, EMBASE, CISCOM, and Cochrane Library Databases from
their inception to the end of 1999 and by contact withresearchers in
the field. Studies with the following features were included; random
assignment, placebo or other adequate control, publication in
peer-reviewed journals, clinical (rather than experimental)
investigations, and use ofhuman participants. Two investigators
independently extracted data on study design, sample size, type of
intervention, type of control, direction of effect (supporting or
refuting the hypothesis), and nature of the outcomes.
A total of 23 trials involving 2774 patients met the inclusion
criteria and were analyzed. Heterogeneity of the studies precluded a
formal meta-analysis. Of the trials, five examined prayer as the
distant healing intervention, 11 assessed non- contact therapeutic
touch, and seven examined other forms of distant healing. Of the 23
studies, 13 (57%) yielded statisticallysignificant treatment effects,
nine showed no effect over control interventions, and one showed a
negative effect.
The study concluded that the methodological limitations of several
studies make it difficult to draw definitive conclusions about the
efficacy of distant healing. However, given that approximately 57% of
trials showed a positive treatment effect,the evidence thus far merits
further study. This study appeared in the Annals of Internal Medicine
2000.
--
- - - - -
And Allah Knows the Best!
- - - - -
Published by :->
M NajimudeeN Bsc- INDIA
- - - - - - -
: - ^ -: |- The Islamic Ruling on Brain Death and Life Support -| : - ^ -:
as-Salamu alaykum:
This is a very brief summary regarding the Islamic Regulations
regarding Brain Death and Life Support. I put it together in a rush,
so my apologies for any misspellings and awkwardness.
The source Dr. Bakr Abu Zaid's (1) Fiqh an-Nawazil(2) (Vol. 1, pp.
215-236, Article No. 4, printed by Maktabah ar-Rushd, Riyad, 1407).
I hope you will find it useful to your question.
May Allah show us mercy and forgiveness at the time of our dying. Ameen.
******************
Dr. Bakr Abu Zaid describes his article as aninvestigation into "the
status of the ill while under life support and the indications of
death between [the viewpoint of] medicine and fiqh." (p. 215)
He proceeds then to divide his article into fivesections:
1. A discussion of life support (pp. 217-218)
2. The medical definition of death and its indications (pp. 219-221)
3. The fiqh definition of death and its indications (pp. 222-225)
4. The various states of the ill under life support (pp. 229-230)
5. The fiqh resolution of this issue (pp. 231-236)
In the first section on "a discussion of life support," Dr. Bakr Abu
Zaid provides a list of Arabic medical terms used for life support and
proceeds to summarize what is meant by "life support."
In the second section on"the medical definition of death and its
indications," Dr. Bakr AbuZaid discusses four issues:
(1) the history background of the concept of brain death;
(2) the basic anatomy of the brain;
(3) the concept of brain death; and
(4) the indications of brain death. In his discussion he brings out
two important points which have bearing on the fiqh ruling: (a) the
difference of opinion in the medical field regarding if
death occurs with the death of the brain stem; (b) the
inconclusiveness of the indications used by doctors to determine brain
death.
In the third section on"the fiqh definition of death and its
indications," Dr. Bakr AbuZaid shows that the scholars are in
agreement that death is defined as the separationof the soul from the
body. Moreover, this definition was extracted by them from the
lengthyhadith reported by al-Bara' ibn Azib and collected by Ahmad and
others regarding the nature of the death of the believer and the
unbeliever, the questioning in the grave,and the subsequent pleasure
or torment faced by the deceased in his grave. He also quotes
al-Ghazzali (Ihya' 'Ulum ad-Din, Vol. 4, p. 493) who further clarifies
that death occurs only with the total separation of the soul from the
body. (This will have bearing on the fiqh ruling). He summarizes with
the following
two points:
(1) the reality of death according to the sharia isthe separation of
the soulfrom the body;
(2) the reality of the separation of the soul from the body is such
that the soul remains in no part of the body, and hence no part of the
body contains any life.
With regards to the indications of death according to fiqh, he begins
with the hadith which states that when the soul leaves the body the
eyes follow. (Muslim).He also lists eight indications of death which
he gathered from a number of classical fiqhworks. He then quotes
an-Nawawi (Rawdatat-Talibin, Vol. 2, p. 97) who adds this important
note regarding the indicationsof death, namely, that when there is any
doubt regarding death, it is to be
assumed that the person is still alive until death is proven conclusively.
In the fourth section on"the various states of the ill under life
support," Dr.Bakr lists three possibilities for a person in intensive
care under life support.
(1) The individual begins to breath on his own andhis heart returns
beating normally, and here life support is removed as the person is no
longer indanger.
(2) The heart no longer beats nor is there any breathing even under
lifesupport. Here life supportis remove is without doubt dead.
(3) The person is brain dead however his heart still beats and there
is breathing while he is under life support. Here doctors normally
conclude death (due to brain death) and remove the person from life
support.
In the fifth and final section regarding, "the fiqh resolution of this
issue," Dr. Bakr concludeswith the following.
(a) As for cases 1 and 2 (see above), this is not any issue for
investigation as both life (case 1) and death (case 2) are certain.
The only issue that needs to be investigated is case 3, namely there
is brain death but their is a heart beat and breathing under life
support.
(b) This third case raises three fiqh questions:
1. What is the ruling for removing someone from life support?
2. What is the ruling regarding organ removal(like a heart) for a
transplant into another person?
3. Do the sharia regulations regarding death (like inheritance) take effect?
He summarizes that the answer is pretexted uponthe question if brain
death is a conclusive signof death according to thesharia definition
of death(i.e., does brain death indicate that the soul has completely
left the body?)
He answers:
(1) Brain death as being a definition for death is an issue of
difference in the medical field.
(2) The indications to show brain death are notalways conclusive.
Thus the sharia principle is that "certainty is not removed by doubt,"
negates this being used as a conclusive sign for death.
Moreover, it has been seen in repeated cases where people have still
lived after the removal oflife support.
He also adds that among the five aims of the sharia is the
preservationof life and as a result the sharia rulings seek to
continue and rescue life and that the general principle is that life
is assumed until conclusive proven otherwise.
Thus brain death cannot be seen according to the sharia to be
equivalent tothe separation of the soulfrom the body.
However, he goes on to add the following important point that this
does not mean that braindeath is not an indicationof death; just like
the heart stopping is an indication of death, but not necessarily
death itself.
For this reason, the scholars, like an-Nawawi quoted previously, said
that the sharia refrains from ruling a judgment of death, if there is
any doubt, even though the indications of death might be present.
Based on this, he answersthe three fiqh questions (see above):
As for the removal of life support in this situation where their is an
indication of death (brain death), but an indication of life (heart
beating and breathing with the aid of life support); either the doctor
will feel that with the removal of life support, the patient
mostlikely die, most likely
live or both possibilities being equal.
If the doctor who has no ulterior motive feels that the with the
removal of life support the patient will most likely die; then it IS
PERMISSIBLE to remove life support as in this case the removal of life
support does not mean preventing treatment from an individual who
there is hope in his cure. Indeed, LIFE SUPPORT SHOULD be removed as
it only prolongs his pain as his soul is being removed.
Even with this, as the same time death is NOT tobe ruled by the mere
lifting of life support until it is certain that the soul has departed
the body. And hence the sharia regulations like inheritance do not
take effect. And similarly organ removal is not permissible (if we are
to say that it is permissible even with death being certain).
This division of sharia rulings, where some takeeffect and others held
back until certainty occurs has many examples in the sharia.
However, if the doctor has no ulterior motives,is of the opinion that
the person will still live with the removal of life support or there
is a 50/50 chance for life. It becomes impermissible to life life
support, until itis felt death in all likelihood will occur or death
does occur or the patient is no longer in need of life support.
-------------------
(1) Dr. Bakr Abu Zaid is the former Deputy Minister of Justice in the
Kingdom of Saudi Arabia and at present a member of the Council of
Leading Scholars and President ofthe Muslim World League's Body of
Scholarswhich investigate contemporary fiqh issues.
(2) Fiqh an-Nawazil refersto Sharia Rulings (Fiqh) of New Issues
(an-Nawazil, pl. of an-Nazilah or something sent down)
This is a very brief summary regarding the Islamic Regulations
regarding Brain Death and Life Support. I put it together in a rush,
so my apologies for any misspellings and awkwardness.
The source Dr. Bakr Abu Zaid's (1) Fiqh an-Nawazil(2) (Vol. 1, pp.
215-236, Article No. 4, printed by Maktabah ar-Rushd, Riyad, 1407).
I hope you will find it useful to your question.
May Allah show us mercy and forgiveness at the time of our dying. Ameen.
******************
Dr. Bakr Abu Zaid describes his article as aninvestigation into "the
status of the ill while under life support and the indications of
death between [the viewpoint of] medicine and fiqh." (p. 215)
He proceeds then to divide his article into fivesections:
1. A discussion of life support (pp. 217-218)
2. The medical definition of death and its indications (pp. 219-221)
3. The fiqh definition of death and its indications (pp. 222-225)
4. The various states of the ill under life support (pp. 229-230)
5. The fiqh resolution of this issue (pp. 231-236)
In the first section on "a discussion of life support," Dr. Bakr Abu
Zaid provides a list of Arabic medical terms used for life support and
proceeds to summarize what is meant by "life support."
In the second section on"the medical definition of death and its
indications," Dr. Bakr AbuZaid discusses four issues:
(1) the history background of the concept of brain death;
(2) the basic anatomy of the brain;
(3) the concept of brain death; and
(4) the indications of brain death. In his discussion he brings out
two important points which have bearing on the fiqh ruling: (a) the
difference of opinion in the medical field regarding if
death occurs with the death of the brain stem; (b) the
inconclusiveness of the indications used by doctors to determine brain
death.
In the third section on"the fiqh definition of death and its
indications," Dr. Bakr AbuZaid shows that the scholars are in
agreement that death is defined as the separationof the soul from the
body. Moreover, this definition was extracted by them from the
lengthyhadith reported by al-Bara' ibn Azib and collected by Ahmad and
others regarding the nature of the death of the believer and the
unbeliever, the questioning in the grave,and the subsequent pleasure
or torment faced by the deceased in his grave. He also quotes
al-Ghazzali (Ihya' 'Ulum ad-Din, Vol. 4, p. 493) who further clarifies
that death occurs only with the total separation of the soul from the
body. (This will have bearing on the fiqh ruling). He summarizes with
the following
two points:
(1) the reality of death according to the sharia isthe separation of
the soulfrom the body;
(2) the reality of the separation of the soul from the body is such
that the soul remains in no part of the body, and hence no part of the
body contains any life.
With regards to the indications of death according to fiqh, he begins
with the hadith which states that when the soul leaves the body the
eyes follow. (Muslim).He also lists eight indications of death which
he gathered from a number of classical fiqhworks. He then quotes
an-Nawawi (Rawdatat-Talibin, Vol. 2, p. 97) who adds this important
note regarding the indicationsof death, namely, that when there is any
doubt regarding death, it is to be
assumed that the person is still alive until death is proven conclusively.
In the fourth section on"the various states of the ill under life
support," Dr.Bakr lists three possibilities for a person in intensive
care under life support.
(1) The individual begins to breath on his own andhis heart returns
beating normally, and here life support is removed as the person is no
longer indanger.
(2) The heart no longer beats nor is there any breathing even under
lifesupport. Here life supportis remove is without doubt dead.
(3) The person is brain dead however his heart still beats and there
is breathing while he is under life support. Here doctors normally
conclude death (due to brain death) and remove the person from life
support.
In the fifth and final section regarding, "the fiqh resolution of this
issue," Dr. Bakr concludeswith the following.
(a) As for cases 1 and 2 (see above), this is not any issue for
investigation as both life (case 1) and death (case 2) are certain.
The only issue that needs to be investigated is case 3, namely there
is brain death but their is a heart beat and breathing under life
support.
(b) This third case raises three fiqh questions:
1. What is the ruling for removing someone from life support?
2. What is the ruling regarding organ removal(like a heart) for a
transplant into another person?
3. Do the sharia regulations regarding death (like inheritance) take effect?
He summarizes that the answer is pretexted uponthe question if brain
death is a conclusive signof death according to thesharia definition
of death(i.e., does brain death indicate that the soul has completely
left the body?)
He answers:
(1) Brain death as being a definition for death is an issue of
difference in the medical field.
(2) The indications to show brain death are notalways conclusive.
Thus the sharia principle is that "certainty is not removed by doubt,"
negates this being used as a conclusive sign for death.
Moreover, it has been seen in repeated cases where people have still
lived after the removal oflife support.
He also adds that among the five aims of the sharia is the
preservationof life and as a result the sharia rulings seek to
continue and rescue life and that the general principle is that life
is assumed until conclusive proven otherwise.
Thus brain death cannot be seen according to the sharia to be
equivalent tothe separation of the soulfrom the body.
However, he goes on to add the following important point that this
does not mean that braindeath is not an indicationof death; just like
the heart stopping is an indication of death, but not necessarily
death itself.
For this reason, the scholars, like an-Nawawi quoted previously, said
that the sharia refrains from ruling a judgment of death, if there is
any doubt, even though the indications of death might be present.
Based on this, he answersthe three fiqh questions (see above):
As for the removal of life support in this situation where their is an
indication of death (brain death), but an indication of life (heart
beating and breathing with the aid of life support); either the doctor
will feel that with the removal of life support, the patient
mostlikely die, most likely
live or both possibilities being equal.
If the doctor who has no ulterior motive feels that the with the
removal of life support the patient will most likely die; then it IS
PERMISSIBLE to remove life support as in this case the removal of life
support does not mean preventing treatment from an individual who
there is hope in his cure. Indeed, LIFE SUPPORT SHOULD be removed as
it only prolongs his pain as his soul is being removed.
Even with this, as the same time death is NOT tobe ruled by the mere
lifting of life support until it is certain that the soul has departed
the body. And hence the sharia regulations like inheritance do not
take effect. And similarly organ removal is not permissible (if we are
to say that it is permissible even with death being certain).
This division of sharia rulings, where some takeeffect and others held
back until certainty occurs has many examples in the sharia.
However, if the doctor has no ulterior motives,is of the opinion that
the person will still live with the removal of life support or there
is a 50/50 chance for life. It becomes impermissible to life life
support, until itis felt death in all likelihood will occur or death
does occur or the patient is no longer in need of life support.
-------------------
(1) Dr. Bakr Abu Zaid is the former Deputy Minister of Justice in the
Kingdom of Saudi Arabia and at present a member of the Council of
Leading Scholars and President ofthe Muslim World League's Body of
Scholarswhich investigate contemporary fiqh issues.
(2) Fiqh an-Nawazil refersto Sharia Rulings (Fiqh) of New Issues
(an-Nawazil, pl. of an-Nazilah or something sent down)
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