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| Organ Donation??? |
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| Rameeza |
| 11/27/02 at 09:57:49 |
| [slm] I've been talking to a friend ,who knows of someone, who has had a sucessful heart transplant. On hearing this, I felt that it would be great, if someone could use your heart after you , and lead a healthier life. I am unaware of Islam's stand on this topic. Please enlighten me... Jazaka Allah |
| Re: Organ Donation??? |
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| Sabr |
| 11/27/02 at 10:47:17 |
| [slm] I came across this article since ive often wondered about this topic myself The Islamic Fiqh Academy of India, during its Second Fiqh Seminar, held between 8-11 December 1989 at the Hamdard Convention Centre, New Delhi, India, resolved that if a person directed that after one's death one's organ should be used for the purpose of transplantation (testamentary disposition, as is commonly known), it would not be considered as wasiyyah (will) according to Shari'ah. ("Islamic Fiqh Academy of India - Developing A Religious Law in Modern Times" in Religion and Law Review, op. Cit., p. 330) The plausible factors/considerations that may have influenced the adoption of this negative resolution pertain firstly to the concept of human organ being regarded as an amanah (trust endowed to every human being by the Creator) and secondly to the stance that human organ is invaluable. A. Human Organ: An Amanah As discussed in chapter ix, there are Muslim jurists who regard the human body (including its parts) as an amaanah (trust). Therefore, since a human being does not own his body, he/she cannot make a gift in respect of any part of his/her body either during his/her lifetime or after death. Thus to include organ donation in one's will would not be in order since one cannot give away that which one does not legally own. B. Human Organ: Invaluable The testator's estate is termed in Arabic as mal mutaqawwam (asset upon which a price can be set for it). Muslim jurists are of the opinion that a human being's person (organs included) is mal ghayr mutaqawwam (invaluable i.e. no price can be set for it). (Tanzil-ur-Rahmaan. A Code of Muslim Personal Law. North Nazimabad, Karachi. Islamic Publishers. 1980, vol. 2 p. 330). Thus it logically follows that since no price can be set for human organ, the inclusion of its donation into one's will would be regarded as null and void. From the book, 'Organ Transplantation - Contemporary Islamic Legal and Thical Perspectives', Abul Fadl Mohsin Ebrahim. Similarly, a transplant of any nature whatsoever is permissible from one part to another part of the body of the same person when necessary. The sale of any part of the human body is Haraam. If any ill person reaches a stage that a specific organ becomes unusable (to such an extent) that if a human organ is not replaced into the body then there is an immediate danger of loss of life -- the human organ is the only suitable replacement and medical experts are absolutely certain that besides the human organ, there is no other life-saving substitute and the patients' life is in danger, and the human organ is easily available to the patient, then in that dire need a human organ transplant (to save one's life) will be permissible for the sick. When a perfectly healthy person on the advice of an expert physician confirms that the removal of one kidney will not harm nor cause ill-health whatsoever and considering the deteriorating health of his sick immediate family member which may cause death and there is no other alternate or substitute then this will be permissible with the condition that the kidney be donated and not sold. The bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah. http://www.islam.tc/ask-imam/view.php?q=3933 Hope it helps inshalalh :) [wlm] |
| 11/27/02 at 10:54:58 |
| Sabr |
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