1. Islamic view on organ transplantation:
In Muslim life organ transplantation is one of the current medical issue. On this issue many Muslim scholars and researchers seek to conduct researches to arrive at a legal position in the life of Shari’ah; either at the institutional or at the individual levels. This was done in the light of the Islamic applications that guarantee and maintain the interest of the individual, as well as community. Due to this consideration, that organ transplant is subjected to ijtihad (excretion of mental energy in the search for legal opinion), there is no clear-cut text found to fall back on to. Among Muslim scholars and researchers, it is an issue with difference in opinions, which is divided in to two groups of opinions: those who sees it illegal and other group who throw legal support.
2. First Opinion: Legality
This thought of school see the transplanting legality of a person’s organ to another. Following are the decision:
Islamic Fiqh Academy, the branch of the Muslim League Organization in its third session in 1405 AH, Islamic Fiqh Academy, which is a branch of the Organization of Islamic Conference (OIC) in its fourth session in 1408 AH and Committee of Grand Ulama of the Kingdom of Saudi Arabia. The Fatwa Committees in each of: The Hashimite Kingdom of Jordan, Arab Republic of Egypt, The Republic of Algeria, and the General Fatwa Committee of Kuwait. It was also sanctioned by the International Islamic Conference held in Malaysia in 1969 CE.
In this legality many modern researchers in Islamic jurisprudence have upheld.
Organ transplant proponents based the arguments on many justice evidences and religious evidences among others:
• Verses that permit one to eat carcasses when in need; verses such as the saying of Allah (SWT)
(He hath only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without will full disobedience, nor transgressing due limits, – then is he guiltless. for Allah is Oft-forgiving Most Merciful). And many other verses. These verses which allowed for a Muslim to consume carcass when in need agreed on the exception of “when in need” from the general prohibition in it. So a sick person who is in need of a transfer of any organ of his body will be like the person in need because his life is under the threat of death just as is the case in kidney failure.
1. Verses that indicate the purpose of God as making things easier for human beings not the opposite. Such verses as: (Allah intends for ease, and He does not want to make things difficult for you). And many similar verses. In legalizing transplant there is the seeking of ease for human beings, pity for the sick and sharing of pain. All these are in accordance with the purpose of the Shari’ah.
2. That organ transplant is a type of cure for an ailment which the Shari’ah encouraged. It has saved the lives of many. But for those who say the use of human organ in cure is prohibited in Shari’ah, kidney transplant will be permissible under the law of necessity. It is known that seeking cure in a prohibited thing is allowed in cases of utmost need.
3. The fact that human nature is regulated by the Sharia hence whenever welfare (of a man) is obtained, it is legal and permissible in Islamic law. It is held that the Islamic law is established particularly for welfare of humanity. It is on this note comes the belief that any action, which brings about human welfare is permissible in Sharia.
Other arguments adduce for supporting organ transplant includes the general principle of Islamic law which implies: “the more harmful detriment is removable by the less harmful one”, “when facing two evils, choose the less harmful one”, “when comparing between two ill deeds, consider which is the greater in harm and do the other”.
3. The Second Opinion: Prohibition
Minority scholars and researchers who represent this school of thought are: Sheikh Muhammad Mutwalli al-Sha’arawi, Sheikh Hassan al-Saqqaf and Dr. Hassan Ali al-Shadhili. They based the prohibition on a number of evidences from the Glorious Qur’an, Noble Hadith and Logical evidences, such as Where Allah reports the saying of Satan that:
“I will mislead them, and I will create in them false desires; I will order them to slit the ears of cattle, and to deface the (fair) nature created by Allah”).
This verse proved that defacing the “fair nature” created by Allah is prohibited and kidney transplant is a form of this. It is therefore, not permissible.
The saying of the Prophet (PBUH) on the authority of Buraidah b al-Hasib: “and do not maim”. This Hadith proved the prohibition of maiming the body and its relevance to a living body is as strong as it is in the dead. It does not specify the injunction to only making changes to the build of the human deliberately but it encompasses the cutting of any part of the human being. It, therefore, included the transplanting of the organ from a living being to another, therefore, is considered prohibited.