ORGAN TRANPLANTSAN ISLAMIC PERSPECTIVE

Course : Fiqh In Islam and Everyday Life

Course Code : UNGS 2050

Lecturer : Dr. Huda Hillal

Name Matric No.

1) Mohammed Abduh Bin Md Hafidz 11159132) Ahmad Hazman Alif 08154053) Mohamad Ady Zafri bin Ismail 10174354) Hasbullah Aizat Bin Shaffei 08117835) Farmonov Mahloil 1019587

Introduction

The definition for an “organ transplant” is a surgical operation in which a failing or damaged organ in the human body is removed and replaced with a functioning one. The donated organ may be from a deceased donor, a living donor, or an animal. In some cases an artificial organ is used. “Cadaveric organ donation” involves removing organs from a recently deceased donor. “Living organ donation” involves the donation of one of a paired organ (such as kidneys) or a portion of an organ (such as a lobe of the liver or lung). The donor's organ system is still able to function after the donation. Living donors are often related to the patient, but that is not always the case. There are two types of organ donation. The first is organ taken from a live donor. The second is cadaveric organ donation.1

Statistics on transplants save lives in the United Kingdom (UK) between 1 April 2010 and 31 March 2011 :

I. 3,740 organ transplants were carried out, thanks to the generosity of 2,055 donors.

II. 1,008 lives were saved in the UK through a heart, lung, liver or combined heart/lungs, liver/kidney, liver/pancreas or heart/kidney transplant.

III. 2,732 patients' lives were dramatically improved by a kidney or pancreas transplant, 156 of whom received a combined kidney/pancreas transplant.

IV. A further 3,564 people had their sight restored through a cornea transplant.

V. A record number of 567 non-heartbeating donor kidney transplants took place and accounted for one in five of all kidney transplants.

VI. 1,045 living donor kidney transplants were carried out accounting for more than a third of all kidney transplants. 'Non-directed' living donor transplants (also known as altruistic donor transplants) and paired and pooled donations contributed more than 60 kidney transplants between them.

VII. Almost 675,000 more people pledged to help others after their death by registering their wishes on the NHS Organ Donor Register, bringing the total to 17,751,795 (March 2011).

All statistics we produce and publish undergo a rigorous validation process to ensure, as far as possible, that information is factually accurate. Last updated August 2011

Organ failure causes severe problems not only to the patient, but also to his or her family. Without new organ replacements, patients normally have to go through a long and painful death, as the failure of an organ to function in the human body leads to various other illnesses and difficulties for the patient and his and her family.

Organ donation is an invaluable gift to those in pain and suffering from organ failure. Such a donation will not only help the patient but will also save his or her life. Islamic scholars made

1 The Ethics of Organ Transplants, The Current Debate; Edited by Arthur Caplan and Daniel Coelho, Promethus Books 1998.

1

permissible organ donations from a deceased person to a living one, if the deceased has consented to it while he was still alive, or if his next-of-kin has consented it.

Islam emphasizes ta’awun (helping one another). One who has a disease and needs an organ to continue living is definitely amongst those in need, and has to be assisted by any means possible. At the same time, the donation will also lighten the burden of the patient’s family. Thus, the community should exert every effort to help these people, in manner that is permissible in Islamic law. Allah S.W.T :

Which means: Help one another in goodness and piety, and do not help one another in sin and aggression; and be careful of (your duty to) Allah; surely Allah is severe in requiting (evil).2

Organ transplants are performed to replace non-functional or diseased organs in order to cure patients. This medical procedure, like many other medical procedures, is permissible in Islam, because it is a form of treatment for a medical condition. Thus, in the opinion of Islamic scholars, organ transplants are permissible. This is consistent with the objectives of the Syari’ah (maqasid Syari’ah) that privileges human welfare and interest, as well as the preservation of human life.

There is no doubt that organ transplant is in the same category as saving a life. However, the transplant cannot bring harm to the donor. This is based on an Islamic legal maxim that states “a harm cannot be removed in a way that leads to another type of harm.” This maxim explains that a harm cannot be removed by creating another similar or worse condition, whether on the same individual, or on any other persons.3

This view should not be taken to be final, this paper aims at providing an impartial overview on the juridical opinions on organ transplants and the reasons behind the disagreement concerning its permissibility or otherwise.

2 Al-Maidah verse 6; The Holy Quraan.3 Organ Transplant In Islam, The Fiqh of Organ Transplant and Its Application in Singapore, MUIS 2007.

2

Abstract

The world is rapidly changing, till the point that the human race is faced with new frontiers

coming from all parts of the globe at a pace far more advance than what the human mind itself can

ever hope to fully appreciate; at least not at this century. This boom in knowledge is not without its

own problems, the very fact that man is going into realms (for example nuclear physics, biochemistry,

space exploration) that they themselves cannot fully comprehend exposes him to a plethora of danger

in the form of something totally unexpected or rather from the expected misuse of such powerful

knowledge. This in hand poses a particular dilemma to the Muslim world, due to the fact that though

there are a substantial number of us on this earth submitting to the oneness of God and the message of

His Messenger. We are nowhere near the leading nations of today; nor are we the foremost at any

revolutionary ideas; be that in science, politics or governance.

This paper aims to provide a glance into the medical sphere, recognising its achievement in

the past century particularly in the field of organ transplantation as a cure for life threatening disease’s

that has for so long been taught to be the final phase of a person’s life. The issue on organ transplant

presents a number of questions both from the general public as well as from within the medical sphere

itself, as many practitioners are starting to question on the ethical as well as the moral precepts

attached to such medical exercise. The general ethical issues faced by practitioners would be on the

question of organ harvesting, from both living donors as well as cadaveric donors. As well as

questions like; ‘what amounts to brain death?’ creates a setback for proponents of such medical

procedure.

This issues are further complicated, if one were to bring in issues of cultural as well as

religious divergences; As it touches on a very sensitive issue in all contemporary cultures and

religions; that being the topic of death, respect for the dead, as well as the value of one life as

compared to another, etc. Islam tackles this issue head on by holding various meetings, conferences,

and conventions concerning the permissibility of organ transplants under the Sharia’. But because the

Quran or in the Sunnah (way of life of the Prophet) is silent on the matter; scholarly disparities is but

an inevitable outcome.

3

As one would imagine such problems were never brought to the prophet and so he would

have not been confronted with task of seeking a divinely guided answer to such issues. But such

absence in the divine text does not preclude Muslims from answering such questions, for God has

bestowed upon us a great gift that being the intellect. He commands for ijtihad(logical reasoning) in

the absence of such ruling in the Divine texts; this was proven in the following Hadith:

On being appointed Governor of Yemen, Mu’adh was asked by the Holy Prophet

Muhammad, may peace and blessings of Allah be upon him, as to which rule would

he follow. Mu’adh replied, “The law of the Qur’an”. “But if you do not find any

direction therein”, asked the Prophet. “Then I will act according to the Sunnah of

the Prophet”, replied Mu’adh. “But if you do not find an direction therein”, he

was asked again. “Then I will exercise my judgement (Ijtihad) and act on

that”, said Mu’adh. The Holy Prophet approved of this and prayed for Mu’adh4

4 It is reported in the Musnad of Ahmad ibn Hanbal al-Shaybani (vo1.5,p.230)4

Legal Opinion

This part shall be divided into 2 major parts. In the first part we shall look into the view of the

advocates on the permissibility of organ transplantation in Islam focusing on the views of Classical

Muslim Jurists as well as the views of contemporary Muslim Scholars on the issue. While in the

second part we will look into the opponents of this view, we will examine the rationale behind their

stance, and then we shall look into why there exist divergences in the views of the Muslim Scholars

concerning the issue of organ transplant.

Organ transplantation as we know today was totally absent in the time of classical Muslim

Jurists. However, the various schools of fiqh has discussed on the utilisation of the human body in

medical procedures and treatment. Although the ruling derived from the classical jurists do not

necessarily answer the question of permissibility of organ transplantation. But it does shed some light

into their views on the utilisation of human body parts thus rendering some benefit to scholars of

today; in answering the problem of organ transplantations.

Views of Classical Jurists

The Hanafi School

According to this school it is deplorable to use human or pig bones in medical procedures as it is

forbidden to acquire any benefit from them5. Besides that it is also not permitted to sell anything that

is derived from the human body, for example: Hair, blood, nails, etc. Their rationale behind this is

that, such parts derived from the human body is a part of that body and as thus should it is obligatory

for one to bury them. It is mentioned that severing of a limb by another would require the payment of

full bloodwit, as man’s honoured status would require that any destruction of one part of the body

would be equated with the destruction of the whole body.

The Maliki School

According to the Maliki’s all parts of the human body are sacred, this includes regenerating parts for

example hair and nails. Hence any form of utilisation of these parts would be considered a violation to

the sanctity of the human body. In one of their scholarly texts, it is mentioned that is impermissible to

use the human body in a demeaning form, the same way it is impermissible to consume human flesh

even at the brink of starvation6.

5 Organ transplantation; Contemporary Islamic Legal Theory an Ethical Perspectives ; Abul Fadl Mohsin Ebrahim; Chapter VIII.6 Qawanin Ahkam al-Shar’iyah wa Masa’il al-Furu al-Fiqhiyyah

5

The Shafi’I School

In the Shafi’I School had made it forbidden for any man to severe his own body part to be given to a

starving person to consume it; this is in line with the view of the Maliki’s mentioned above. This is

due to the fact that by alleviating the suffering of others, the person is also jeopardising his own life at

the same time. This ruling is in pari materia with the impermissibility on the destruction of animals

(as medicine) for the benefit of oneself.

The Hanbali School

As stated by this school it is not permitted for a person whose life is at jeopardy due to extreme

hunger to kill another man be it Muslim, Kafir, or Dhimmi. Or even to cut off any part of another

man’s body for the purpose of consuming it. This ruling is on the basis that all man’s life is equally

honoured.

The Imamiyyah School

In this school it is mentioned that it is forbidden to consume any part of a living man as this would put

the life of the latter in extreme danger.

From the discussion above one can see, major similarities of the various schools of fiqh on the

issue of the utilisation of the human body even at moments of sheer desperation. All these rulings

seems to revolve around the issue of the sacredness and sanctity of the human life/body and the belief

that the human body is a trust(amanah) placed upon us by the creator and that being so, it must be

protected from any form destruction even for the benefit of others. The views that this classical

schools have towards the utilisation of the human body does not necessarily equates to a denunciation

of organ transplantation, as it is important to take into consideration the fact that organ transplantation

is we know today was practically non-existent in their times.

6

Proponents of Organ Transplants

Contemporary Scholars

Muslim Scholars today, generally favour the permissibility of organ transplantation. They

view such medical procedures as permissible just like many other medical procedures which aim is to

cure life threatening diseases. Their stance is basically on the basis of the objectives of Syari’ah

(Maqasid Syari’ah) which is to promote human welfare and interests as well as the preservation of

human life. Allah says to that effect:

“[U]nless it be for murder or for spreading mischief in the land – it would be as if

he slew the whole people: and if any one saved a life, it would be as if he saved

the life of the whole people.”7

Organ transplant is in the same category with saving a li life as expounded in the above verse.

However it must be noted that, it is impermissible to be carried out if such procedure would bring

harm to the donor. This is based on the legal maxim “a harm cannot be removed in a way that leads to

another type of harm.” This maxim clearly states that one cannot remove a harm by creating another

type of harm thus proving that Islam honours all lives equally not favouring one for another.

As previously discussed Islam places great respect to human life/body. However it must be taken into

account that Islam takes also in consideration the interest or welfare of man as a whole. Thus, the

existence of the following juridical rules or maxims8:

a) “Necessity makes the unlawful permissible”

b) “When two interest conflict, let the one which will bring greater benefit take precedent”

c) “Choose the lesser of the two evils”

The rule mentioned above originates from the principles of establishing the general interest of the

people while at the same time outweighing its negative effect. Hence if the negative effects are far

greater than the good it brings, than it is prohibited in Islam.

Generally, there are two types of organ transplantation firstly being from living donors which has

been covered above and secondly from cadaveric donors. In cases of cadaveric donors, Muslim

Scholars are in agreement concerning its permissibility as it is not considered a violation on the

corpse, as Muslims are obliged to pay the same respect to the human body be it living or dead. The

7 Al-Maidah:32; The Holy Quraan.8 Abu Zahrah, Imam Muhammad; Usul al fiqh. Cairo. Dar al fikir al arabi.

7

following view by Dr. Yusuf Al-Qaradhawi best explains the rationale behind the allowance of organ

transplantation from cadaveric donors; He says:

“Removing a body part from a corpse does not violate the sanctity of the

dead. The sanctity of the body is preserved and has not been violated. This is

because the operation performed on the corpse is similar to that done on

those who are alive, that is with care, meticulousness and respect.”

It must be noted that, proponents of organ transplantations do not give outright approval for such

practice. It is only considered permissible if the situations9 calls for it and is in no way recommended

if there are better solutions for such problems.

Fatwa by contemporary Scholars

Fatwa of Mufti of Egypt, Dr Muhammad Syed Tantawi

“Live organ donations are permissible by consensus of jurists, whether the recipient be his relative or

a stranger, as long as such a donation is considered to be of benefit by a trusted doctor...[T]aking

organs from the body of a dead person to transplant to someone who needs it, whether to save his life

or to cure him, is permissible, and this ruling is [also] based on consensus of jurists.”

Fatwa of Dr Yusuf Al-Qaradhawi

“Someone who wishes to alleviate another human’s suffering, such as kidney disease, by donating

one of his healthy kidneys, is allowed to do so in Islamic law. [I]n fact, it is considered to be a good

act and the donor will be duly rewarded. This is based on a Prophetic tradition in which the Prophet

p.b.u.h. is reported to have said that those who show kindness on earth will receive God’s mercy and

kindness. On this, I am of the opinion that there is no prohibition from donating an organ or body part

to someone who needs it to cure him/her, and to replace his/her non-functioning organ, such as the

kidney or heart etc. with the intent of giving charity. And this is considered to be a continual (jariah)

donation, and the rewards for the donor continues to be accrued for as long as there are those who

benefit from it.”

9 Situation that call for organ transplantation includes:a) Transplantation is the only means of treatment.b) The expected degree of success is relatively high.c) Consent of the donor himself or his heirs.d) Death must have been fully established for cadaveric donors.e) Where it will have no substantial negative effect on the living donorf) The recipient has been fully informed of the operation and its implication

8

Fatwa of contemporary Islamic Bodies

Islamic Fiqh Academy of OIC

“Organs from the deceased can be transplanted to a patient, where the life of the recipient depends on

the transplant, or if the continuation of the basic bodily functions of the recipient depends on the

transplant. This is however, dependent on the deceased’s consent, or that of his next-of-kin after his

death, or by the decision of the leaders of the Muslim community, should the deceased be

unidentified, or does not have any next-of-kin.”3

Highest Council of Scholars, Riyadh

“It is permissible to transfer whole or part of organs from a deceased to another person, if the need for

such a transplant is critical. Live organ donation is also allowed if the recipient is in urgent need of the

organ.”

The National Fatwa Council of Malaysia

“Cadaveric transplant of the eye and heart is permissible if the following conditions are observed:

• In the case of extreme need and exigency, in which the life of the receiver depends on that organ,

and there is sufficient evidence that the transplant process will be successful.

• In the case of heart transplantation, the death of the donor must be determined before the transplant

can be performed. Proper action must be undertaken to ensure that there is no killing and trading of

organs involved.”

Islamic Religious Council of Singapore (MUIS)

The Fatwa Committee issued a fatwa which permits organ transplantation out of dire necessity that is

to save human lives. The decision was in line with the position adopted by many other fiqh councils

and internationally-accepted scholars. It is also based on a legal maxim in Islamic jurisprudence

which states that “exigencies (darurah) changes the forbidden into permissible”. There had also been

a vast improvement in medical knowledge which showed an increase in the success rate of organ

transplants in treating patients with organ failure.

9

We have seen on the permissibility or rather the favourable points made by many

contemporary scholars as well as the views of the classical Muslim Jurists concerning the utilisation

of human body parts. A prliminary observation would show us a transition in the views of the

scholars, probably due to the advancement in the medical field concerning organ transplantations. But

this view is obviously one sided, next we shall examine the other side of the coin by sheding light on

the stance of some Muslim scholars who insist on the prohibition or unpermissibility of organ

transplants We shall look into the rationale behind their stance one by one.

*******************

Opponents of Organ Transplantation

Sanctity of The Human Life and Body

Man is vested with the duty of protecting and preserving one’s own life and body. This is

clear from the prohibition in Quran prohibiting man from taking his own life or the life of others;

“..Take not life, which Allah hath made sacred, except by way of justice and law:

thus does He command you, that ye may learn wisdom.”10

The hadith is also clear in clarifying Islam’s stance on the sanctity of life as was recorded from the

Prophet’s final sermon (Khutba al Wada’) where he said:

“Your life and your property and your honour are sacred until you meet your lord”11

The authorities cited above clearly indicate that not only the life of every Muslim is considered sacred

but the body as well is considered as sacred as the soul. This is further strengthened by the Hadith of

the prophet that mentions;

“Breaking the bone of a dead person is equal (in sinfulness and aggression) to

breaking it while a person is alive”12

This Hadith proves that the sanctity of the human body is not attached to life itself in other words

sacredness of the human body transcends the boundaries of life since the human body remains sacred

and honoured even when no soul is attached to it. Therefore, how can one perform organ

transplantation by cutting up a human body and removing its organs be it on the living or the dead as

both would amount to a form of aggression towards the human body thus tantamount to mutilation of

the body?13

10 Al-An’am verse 151; TheTranslation of the Holy Quran11 Sahih of Imam Muslim Hadith no. 98.12 Sunan Abi Da’ud Hadith no. 3201 vol.2

10

The Human body as an ‘Amanah (Trust)

God has entrusted us with the duty of being Khalifah on earth, and so he has granted us a body so that

we may exalt Him on earth. The human body is but God’s trust to man, to be cared for and looked

after to the best of our abilities. Would it not be logical that if one were to hold a priceless commodity

for another, one should return in the same condition if not better when the owner requires its return?

And man has been blessed with the best of things as God said:

“And We have certainly honoured the children of Adam and carried them on the

land and sea and provided for them of the good things and preferred them over

much of what We have created, with [definite] preference.”14

Respect for the Dead

Islam places great importance in having respect for the dead or rather in this case corpse of the

deceased. This is apparent on many rulings concerning the funeral and burial process for Muslims;

which requires great care and meticulousness in handling the corpse so as not to injure or mutilate the

deceased. The prophet had mentioned in the hadith mentioned before;

“Breaking the bone of a dead person is equal (in sinfulness and aggression) to

breaking it while a person is alive”15

Besides it is obligatory on every Muslim to bury human remains, be it a limb of a criminal or nails,

hair, etc. in honour of the sanctity of the human body16

Prohibition of the Utilisation of Forbidden Things as Medicines

The Prophet (PBUH) says to that effect;

13 Organ transplantation; Contemporary Islamic Legal Theory an Ethical Perspectives ; Abul Fadl Mohsin Ebrahim; Chapter IX.14 Al-Isra’ verse 70; The Holy Quran.15 Sunan Abi Da’ud Hadith no. 3201 vol.216 Organ transplantation; Contemporary Islamic Legal Theory an Ethical Perspectives ; Abul Fadl Mohsin Ebrahim; Chapter IX.

11

“Allah created the disease and also the cure for every disease He has provided a

cure. So treat yourselves with medicine, but do not treat yourself with prohibited

things”17

This Hadith clearly indicates that one cannot use prohibited things as Medicine, as mentioned earlier

the Hanafi School indicates, the use of human and pig bones in medical treatment as deplorable.

In As-Sunan it is reported that he (peace and blessings be upon him) was asked about frogs which

were used for medicinal purposes. He forbade killing them, and said, “Their croaking is tasbih

(glorification of Allah).”18

Thus, even the life of the frog is considered sacred, wouldn’t the life of man be as important and

honoured as the life of a humble frog.

OPINION

17 Sunan Abi Da’ud Hadith no. 3207 vol.218 Sunan Abi Da’ud Hadith no. 3682; Kitab Al-tibb

12

It is our opinion that, there can be no clear cut answer to this question which has eluded many

contemporary scholars, and will continue on to loom over the minds of future scholars. The fact

remains, that the Quran as well as the Sunnah is silent on the permissibility or prohibition of organ

transplantation. Add that to the fact that, Islam is flexible on matters where no clear injunctions exist

in the two binding sources i.e. Quran and Sunnah; a conclusive answer on the matter would be rather

far-fetched. Disagreement (ikhtilaf) is but a natural outcome of juristic views especially when there

are no clear-cut rulings on such matters especially those which has never been raised to the prophet or

specifically mentioned in the Quraan.

Even so, Scholarly disagreements should not be a source of discord among the jurists. One

scholar is forbidden to impose or force upon his views to be accepted by other scholars or the public

at large, and it cannot be reemphasized more that “It is in the realm of fiqh that ikhtilaf operates as

Islam's dogma, and moral teachings are not open to ikhtilaf . Even the slightest bit of disagreement

over the faith's essentials, for example its five pillars, is not tolerated”19. The flexibility that Islam

grants for Muslims in opinions should never preclude Muslims from trying their utmost best to

achieve a consensus of opinions as stated by Ibn Hazm in "al-Ihkam fi usul al-ahkam" (5:64), when

commenting about the weak hadith that permits ikhtilaf;

“The saying "Difference of opinion in my Community is a mercy"20 is the

most perverse saying possible, because if difference were mercy,

agreement would be anger, and it is impossible for a Muslim to say this,

because there can only be either agreement, or difference, and there can

only be either mercy, or anger.”

We must concede to the fact that, both sides of the fence in the field of organ transplants does

give equally strong arguments. Hence, it is difficult, not to mention unjust to condemn one side while

backing another. The opponents and proponents of organ transplants has substantiated their rulings by

deducing it from the sources of Islamic law, that being the Quran and the Sunnah. Both have equal

footing concerning the permissibility and prohibition of organ transplants. The task of all Muslims

now is erroneously simple, which is to choose the stance that they feel is closest to piety. In the course

of doing research on this subject, we realise that the reason organ transplantation is such a difficult

issue to tackle is because it touches on realms that we know nothing about and will never gain

knowledge on that being the question of the soul, life after death, etc. In simpler words knowledge of

the unseen (‘ilm Ghayb) God says to that effect;

19 Mohammad Hisham Kamali, Scope and Diversity in Ikhtilaf; http://www.sistersinislam.org.my/BM/baraza/hashim%20kamali.pdf20 Tabrani and Daylami have also narrated this hadith in their musnad with the abovementioned wording. In the chain, the narrator Jawaybir is extremely weak and Dahhak has not heard from Ibn Abbas. (Al-Maqasid al-Hasana p 26)

13

"With Him are the Keys of the Ghayb; non knows them but He."21

We wish not to impose our views in this paper concerning the issue on organ transplantation;

hence accord is given to both conflicting sides so as to give justice to both. In our opinion the main

difficulty to overcome, is to outweigh between the negative and positive implications that organ

transplants might have over the Muslim society. A fine-line between the good it brings and the doubt

it casts.

Islam is a religion closely connected with theology clearly seen through the very foundation

of Islam that being the oneness of God (Tawheed). Unlike Christianity, Islam has no Church or priests

to act as intermediaries between man and his creator. He alone is answerable to God and no one else.

As such after referring to the sources man has only has his conscience to guide him. The Prophet

(PBUH) says;

`Even if the whole people has given you fatwa [juridical decisions or

rulings] you ask for fatwa to your consciousness (nafs) and to your

``heart'' (qalb)'.22

This Hadith attests that man is responsible for his own actions, whatever scholars through

their own ijma or ijtihad say the individual Muslim is still responsible for his or her own actions. This

is of particular importance to the issue of organ transplants since the choice to donate ones organs is a

private and self-decided choice because it is believed in Islam that “God has created the human organs

and harnessed them for man's benefit, therefore, holds him accountable for his organs and will

eventually call him to account”23.

To conclude, the question of organ transplants is not an issue that can be conclusively

answered with one uniform voice representing all the Muslims, but rather the individual Muslim must

make that fateful journey in deciding his or her own stance concerning organ transplantation, because

when it really comes down to it; Organ donation cannot be forced on a person, he must elect himself

what happens to his body while at the same time being answerable to his creator.

Conclusion

We have seen so far the views of past and present scholars on the issue of organ transplantation; nevertheless we have not been able to actually grasp the fundamental question on

21 Al-An’am verse 59; Translation of The Holy Quran 22 A. B. Hanbal Vol. IV Hadith No.:22823 M. al-Mahdi. 1989. Donation, sale and unbequeathed possession of human organs. In The Islamic Vision of Some Medical Practices. K. al-Mazkur, A. al-Saif, A.R. al-Gindi, and A. Abu-Ghudda, eds. Kuwait. IOMS Publications: 280±6.

14

whether organ transplantation is permitted or otherwise in Islam. It seems there is the liberal approach that looks into the good it brings than the harm it inflicts, while at the other extreme is the conservative traditionalist that stick to what they know and wish not to venture into ‘unchartered waters’.

This presents somewhat a challenge to the Muslim Community as it raises doubt on an already sensitive issue. Basically, there are 2 major views concerning organ transplants; the first view permits organ transplants on the grounds of the benefits such surgical operation brings outweighs the negative implications it poses. The second view on the other prohibits organ transplantation on the basis that it violates the sanctity of the human body be it in death or in life. Both having legitimate reasons for their scholarly stance and both representing an Islamic perspective on organ transplantation.

As we have seen, the first of the two major groups is gaining more support. Most fatwa councils from all over the Islamic world are supporting the idea of organ transplantation, however this fatwa’s does not bind the Muslim’s as it is not as yet exhaustive. As said earlier, it is a personal choice which every Muslim has to make on his own. Even the prophet himself said;

`Even if the whole people has given you fatwa [juridical decisions or rulings] you ask for fatwa to your consciousness (nafs) and to your ``heart'' (qalb)'.24

Hence, we urge that do not be hastened or coerced into being ‘pro-organ transplant’ and do not also be blinded so as to reject it wholly. Be critical and yet open-minded on the idea of organ transplantation; most importantly ask yourself and ask your heart and you will find your answer. But a gentle reminder from us; one must be certain of the choices one makes, for if ever there is genuine doubt concerning your decision even after referring to all the relevant sources, leave it, as the Prophet himself said;

“Both legal and illegal things are obvious, and in between them are (suspicious) doubtful matters. So whoever forsakes those doubtful things lest he may commit a sin, will definitely avoid what is clearly illegal; and whoever indulges in these (suspicious) doubtful things bravely, is likely to commit what is clearly illegal. Sins are Allah’s hima (i.e. private pasture) and whoever pastures near it, is likely to trespass it at any moment”25

Bibliography

Books

24 A. B. Hanbal Vol. IV Hadith No.:22825 Sahih al-Bukhari, op. cit. “Kitab al-Dhaba’I wa al-sayd”. Vol. 3, pp. 121-122.

15

1) Organ Transplant in Islam, The Fiqh of Organ Transplant and Its Application in Singapore, MUIS 2007.

2) Organ transplantation; Contemporary Islamic Legal Theory an Ethical Perspectives ; Abul Fadl Mohsin Ebrahim; Chapter VIII.

3) Islam dan Pemindahan Organ (Islam and Organ Transplants), Edited by Dr. Ismail Ibrahim, IKIM 1999. (Translated)

4) The Ethics of Organ Transplants, The Current Debate; Edited by Arthur Caplan and Daniel Coelho, Promethus Books 1998.

5) The Translation of The Holy Quran By A. Y. Ali6) M. al-Mahdi. 1989. Donation, sale and unbequeathed possession of human organs. In The

Islamic Vision of Some Medical Practices. K. al-Mazkur, A. al-Saif, A.R. al-Gindi, and A. Abu-Ghudda, eds. Kuwait. IOMS Publications: 280-6.

Articles

7) Religious Perspectives on Organ Donations; John Gillman; Crit Care Nurs Q 1999;22(3):19–29, 1999 Aspen Publishers, Inc.

8) A Critical Approach to The Current Understanding of Islamic Scholars on Using Cadaver Organs without Prior Permission, Sahin Aksoy; This article was given as an oral presentation at the IAB 5th World Congress of Bioethics in London, 21-24 September, 2000.

9) Islam and End-of-Life Practices in Organ Donation for Transplantation: New Questions and Serious Sociocultural Consequences, Mohamed Y. Rady · Joseph L. Verheijde · Muna S. Ali, HEC Forum (2009) 21(2): 175–205.

10) Mohammad Hisham Kamali, Scope and Diversity in Ikhtilaf; http://www.sistersinislam.org.my/BM/baraza/hashim%20kamali.pdf

16