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The Arguments of Islamic Law Rulings on Recent Medical Issues
Topic Twelve
Ruling on the Restoration to Life of a Person Whose Brain Has Died



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Definition

After the scientific medical point of view in the early 1980s that actual death is brain death - a federal law was passed in the United States in 1981 determining death as "the irrevocable loss of the brain functions of a human being" - some newspapers and television stations reported that some physicians in Egypt and elsewhere were questioning the internationally dominant notion that the complete death of the brain is the decisive factor in determining the moment of death. Some media have recently reported stories of people who came back to life after it had been declared that their brains were dead. Does this, then, negate the theory of brain death, or does it indicate a misapplication of the theory? This was the question brought before the participating physicians in this special seminar.

The Legal Position Chosen by the IOMS and Its Argument

In its ninth seminar held in 1996 to discuss the Medical Definition of Death, the IOMS accepted the viewpoint held by the majority of participating researcher physicians, which affirms the impossibility of life being restored to a person whose brain is completely dead, when his case is diagnosed according to the special technical criteria applicable in such cases. The recommendations of the seminar say:

It was clear to the participants that there has been no case in which life was restored after the diagnosis of brain and brain stem death had been confirmed. In no case life was restored after the conditions of brain and brain stem death diagnosis were met. All the cases used as evidence by those who question this notion have been either cases in which diagnosis criteria were not meticulously observed or cases in which there was an error in diagnosis, inference, or deduction.

It is now clear to the participants that nothing new has developed in regards to this question, which makes the Organization hold to its previous recommendation, made in the seminar on Human Life: Its Inception and End, which was held in Kuwait in 1985. Islamic Center of Southern California

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