Is the legal consideration for a death ruling based on brain death or heart death?
Contemporary jurists differ on considering brain stem death as the end of human life. Some hold that brain death is considered true death, even if the heart is still beating. This is what was decided by the Islamic Fiqh Academy, which is affiliated with the Organization of Islamic Cooperation.
Others, however, believe that brain death without cardiac arrest is not considered legally (-wise) death, and a person is not deemed dead unless the heart and respiration have completely ceased. This is what was decided by the Fiqh Council, which is affiliated with the Muslim World League.
It is permissible to remove life support from someone whom doctors have declared brain dead, according to the majority of jurists, because there is no hope for their recovery.
The more accurate view is that a person is not deemed dead unless the heart and respiration have completely ceased, because death entails Sharia-related consequences, and a ruling of death should not be made except with certainty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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