Does a nurse who agreed to discontinue the medication of a terminally ill patient, leading to their death, owe expiation for intentional killing (kaffarat qatl 'amd)? And what is the obligatory expiation in this case?
It is not permissible to withhold medication from a patient unless their death has been decreed. A patient is considered legally dead if their heart and breathing have completely stopped, or if all functions of their brain have permanently ceased and doctors have ruled out any recovery. If the patient has not reached this state, then withholding medication from them is considered murder, and it entails an expiation for killing and blood money paid by the ‘Aqila (male agnatic relatives). If there is no ‘Aqila or they refuse, then it is paid from the public treasury (Bayt al-Mal), or from the perpetrator’s money if no public treasury is available. The expiation is freeing a slave, and for one who cannot find one, it is fasting for two consecutive months.
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Reviewed by El Fatwa's sharia committee.
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