Question 73 : Assalamualaikum Sheikh. May Allah bless you and your family abundantly in this world and the hereafter.
With regards to the question posed in the link below, my question is: Why do we need three specialist doctors to confirm? For some, it would be quite a hefty sum to pay to get even one specialist review.
The question in summary is: Cases in which it is permissible not to use resuscitation equipment.
Website link: https://islamqa.info/en/115104
Answer : Walaikunussalam Br Ahmad Bukhari
May Allah you and your family abundantly in this dunya & aakhirah, also, ameen
Why did those great scholars of the Committee say three scholars testimony is required prior to ceasing life support systems leading to death?
This seems to be ijtihad of those great scholars based on what they understood from related fiqh cases. As such I would follow it given there is nothing of equal weight or more to counter that.
Why three? Maybe they said that because removing the life support system is going to end the life of that individual and that is an enormous decision as it can on one hand mean denying the person the right to live if it was possible and on the other hand ending a life that Allah created, is sustaining it and may not have given permission to end it! Given the enormity of the decision from both these perspectives and ending a person’s life, getting even ten specialists’ expenses and opinion whether the life can survive or not is not too much to ask.
As the Prophet (s.a.w) said that one person travelling on his own is one shaytan, two travelling are two shaytaan and three is a group. It shows that one or two are more likely to either simply err or be affected by one another’s opinion whereas with three it is significantly less likely.
This is a reasonable hadith to draw from it such a ruling and more wisdom.