Organ Donation and Transplantation and Their Ethics in the Light of Islamic Shariah

Authors

  • Fazal Hadi Fazli PhD Scholar at International Islamic University Malaysia and Assistant Professor of Civil Law Department, Law Faculty, Nangarhar University, Jalalabad, Nangarhar, Afghanistan
  • Toryalai Hemat Vice-Chancellor of Academic Affairs & Lecturer of Law & Political sciences faculty at Rokhan Institute of higher education, Jalalabad, Afghanistan

DOI:

https://doi.org/10.47672/ejpcr.1481

Keywords:

Islam, Organ Donation, Ethics, Islamic Rulings, Transplantation

Abstract

Purpose: Organ donation and transplantation are practices that are supported by all of the world's major religions, including Sikhism, Christianity, Hinduism, and Judaism. Recent developments in the fields of organ donation and organ transplantation have sparked a renewed sense of optimism for the treatment of critical illnesses. The jurists permitted organ transplants on the basis of certain principles, including ownership and categories of property. On the other hand, moralists strive to deny the ownership of human organs by using principles such as faith and Almighty Allah's absolute authority. Then main objective of this research paper is on one hand to identify and emphasize arguments for and against organ donation and transplantation in the framework of scared provisions of Islam and its corresponding legal requirements and on the other hand to understand and teach the people that not only Islam allows organ donation but also encourage its followers to assist one another and make an effort to promote organ donations in society.

Methodology: The doctrinal methodology. Explanatory and analytical research approaches are used in this work. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are reputable and trustworthy textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area.

Findings: According to the arguments as well as clear and explicit rulings, principles and authentic evidence from the Holy Quran, it is clear that the donation and transplantation of human body organs is permissible. The Holy religion of Islam persuades its followers to participate in charity, assist people, and donate organs to save the lives of those patients who are waiting for organ transplant.

Recommendations: Theoretically, this work is very useful in contributing to the existing body of literature of knowledge. Practically, this work identifies the circumstances in which Muslim jurists not only allow but encourage its followers to assist one another and make an effort to promote organ donations in society in order to save people's life. It is recommended that both the donor and the recipient of an organ must belong to the same nationality or legal jurisdiction in order to prevent the growth of an international organ trade, which would be far more difficult to regulate. Additionally, in order to protect the health of both the recipients and the donors, it is imperative that transplants from unknown sources be prohibited.

 

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Author Biographies

Fazal Hadi Fazli, PhD Scholar at International Islamic University Malaysia and Assistant Professor of Civil Law Department, Law Faculty, Nangarhar University, Jalalabad, Nangarhar, Afghanistan

 

 

Toryalai Hemat, Vice-Chancellor of Academic Affairs & Lecturer of Law & Political sciences faculty at Rokhan Institute of higher education, Jalalabad, Afghanistan

 

 

References

Abdul Aziz Ahmed. Islamic Perspectives on Organ Donation. https://www.organdonation.scot/sites/default/files/resources/Islamic%20Perspectives%20on%20Organ%20Donation%20-%2016-10-2020.pdf.

David Shaw. (2017). Conscientious objection to deceased organ donation by healthcare professionals, National Library of medicine. Doi: 10.1177/1751143717731230

Holy Quran

Islam, M. (2014). Organ Donation and Transplantation Issues in Islam and Present Situation. Journal of Law, Policy and Globalization, 22, 99-103. https://www.organdonation.scot/sites/default/files/resources/Islamic%20Perspectives%20on%20Organ%20Donation%20-%2016-10-2020.pdf.

Md. Zahidul Islam. (2014). Organ Donation and Transplantation Issues in Islam and present Situation, 22 J.L. Pol'y & Globalization 99.

Organ Donation & Transplantation. (2006). Retrieved from http://www.islamic-laws.com/pdf/Organ%20Donation.pdf.

Sanjabi N. (2018). Interaction of the Principles of Jurisprudence and Ethics in the Organ Transplantation, Journal of Quran and Medicine. https://quranmed.com/browse.php?a_id=186&slc_lang=en&sid=1&printcase=1&hbnr=1&hmb=1.

Sheikh, S. (2017). Sharia: Law & Ethics of Organ Donations in Islam. Journal of International Law and Islamic Law, 13(1), 30-VI.

Tahiri, Hujatul Islam walmuslimeen Habibullah. (2000). Organ transplantation form the Islam perspective, Magazine Assembly of Higher Education of Qum.

Yaseen, Mohammad Naeem. (1990). The Rulings for the Donation of Human Organs in the Light of Shair'a Rules and Medical Fact, 5 Arab L.Q. 49.

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Published

2023-05-28

How to Cite

Fazli, F. ., & Hemat, T. . (2023). Organ Donation and Transplantation and Their Ethics in the Light of Islamic Shariah. European Journal of Philosophy, Culture and Religion, 7(1), 56–63. https://doi.org/10.47672/ejpcr.1481

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