ENGLISH: Bio-Legal Dimensions of Organ Transplantation: the Shari’ah Response

Abstract

Ilm al-Abdan (medical science) has always been given utmost preference after Ilm al-Adyan (Religious science) in Islamic epistemology. The former takes care of physical well-being whereas the later satiates the spiritual and intellectual well-being of humanity. The reckless development and advanced achievements in the field of medical sciences have given rise to many legal and ethical issues and demands a clear response from the Shari’ah. Since Shari’ah or divinely ordained law encompasses all the domains of human activities hence addresses all upcoming or newly born issues according to basic legal framework of Islam. One of the basic objectives of Shari’ah is to make human life as comfortable as possible. ‘Allah Almighty wishes ease for you not to put you in difficulty’. But the comfort should not be at the expense of violating the commands of Shari’ah. Therefore, Ta’abbud element (devotional imperative) has to be prioritized over other elements. Human organ transplantation procedures have gained an unprecedented pace in the Modern era. The procedures have been well-received in Muslim countries and a sizeable number of Muslims are going through these operational arrangements. These surgical procedures have evoked a much conflicting debate over the permissibility or impermissibility of the concept and seeks the response of Shari’ah law. There are two sets of opinions of scholars holding two opposite views of the procedures. This paper traces out the historical background of the process of organ transplantation along defining its various branches. The research will investigate the legal and ethical dimensions of the phenomena and the response of Shari’ah thereto. There is no clear-cut verse in the Quran nor any of the Prophetic traditions regarding the ruling of organ transplantation or in legal jargon it doesn’t fall under Mansus Hukm or defined law rather the procedure falls into the category of Hukm Mustanbat or derived law. Therefore, this research paper will examine the evidences of both the faction of scholars regarding permissibility or impermissibility of the procedure.  The study explores various options so as to strike the balance between the two opinions. The researchers will conclude the paper with further suggestions/regulations pertaining to the field in the light of Shar’ah law.