Medical Ethics in ISlam

[- Femme -]

ORGAN DONATION/TRANSPLANTAION

 

I have always been told that it is haram to donate your organs after death. But I wondered why it was alright if one is alive...but not if he/she is dead. This is what I found.

 

Are you allowed to donate or receive organs, since I have seen no direct prohibition on organ transpants in the Quran.

Praise be to Allaah.

 

This subject is one of the topics which is being researched by the Islamic Fiqh Council (Majma’ al-Fiqh al-Islami), which has issued the following fatwaa:

 

1. It is permitted to transplant or graft an organ from one part of a person’s body to another, so long as one is careful to ascertain that the benefits of this operation outweigh any harm that may result from it, and on the condition that this is done to replace something that has been lost, or to restore its appearance or regular function, or to correct some fault or disfigurement which is causing physical or psychological distress.

 

2. It is permitted to transplant an organ from one person’s body to another, if it is an organ that can regenerate itself, like skin or blood, on the condition that the donor is mature and understands what he is doing, and that all other pertinent shar’i conditions are met.

 

3. It is permitted to use part of an organ that has been removed because of illness to benefit another person, such as using the cornea of an eye removed because of illness.

 

4. It is haraam to take an organ on which life depends, such as taking a heart from a living person to transplant into another person.

 

5. It is haraam to take an organ from a living person when doing so could impair an essential vital function, even though his life itself may not be under threat, such as removing the corneas of both eyes. However, removing organs which will lead to only partial impairment is a matter which is still under scholarly discussion.

 

6. It is permitted to transplant an organ from a dead person to a living person whose life depends on receiving that organ, or whose vital functions are otherwise impaired, on the condition that permission is given either by the person before his death or by his heirs, or by the leader of the Muslims in cases where the dead person’s identity is unknown or he has no heirs.

 

7. Care should be taken to ensure that there is proper agreement to the transplant of organs in the cases described above, on the condition that no buying or selling of organs is involved. It is not permitted to trade in human organs under any circumstances. But the question of whether the beneficiary may spend money to obtain an organ he needs, or to show his appreciation, is a matter which is still under scholarly debate.

 

Anything other than the scenarios described above is still subject to scholarly debate, and requires further detailed research in the light of medical research and shar’i rulings.

 

Is organ donation permitted in Islam?

A. Certainly with the juridical safeguards. "An whoever saves a soul it would be as if he had saved all mankind". It should be given as a gift. The sale of an organ is prohibited. (Quran 5:32)

 

Q.9. Is receiving organs for transplantation from an animal source permitted and especially if the animal is a pig?

A. Certainly permitted. Necessity overrules prohibitions in the juridical rule.

 

The Organ Transplant

Nowadays many diseased organs are being replaced by healthy organs from living donors, cadavers and from animal source. Successful bone marrow, kidney, liver, comea, pancreas, heart and nerve cell transplantations have taken place. The incidence is limited only by cost and availability of the organs.

 

The ethical questions are what are the lights of the living donor, the dead body and the recipient. To prolong a life, does the recipient have a right to take away the organs from the dead? Is the sale of organs justified? Is the taking of animal organs justified? Is accepting organs from aborted fetuses justified? Is the cost of transplantation worth the benefit derived from it? The cost of a heart transplantation alone is $ 70,000 now, not including long term care. Will harvesting fetal tissues lead to more abortions?

The Islamic Perspective:

 

The basic question is who owns our organs, we, our relatives, or our creator?

A. Animal to Human: lf we can kill them for our food and let their meat become our flesh, why can't we use their comea to give us eyesight?

B. Living to Living: This is like giving a gift at no cost. The sale is prohibited.

C. Dead To Living:This is not permitted since it involves the desecration of the dead body.

[- Femme -]

Is it OK to withdraw the life support system for example: ( A Ventilator for a patient who has no cerebral function and is in a vegetative state)

Dr. Shahid Athar: If there is no hope of treatment, you may withdraw the life support equipment. In an attempt to prolong life without quality, one must not prolong the misery at a high cost.

 

If a person is in a vegetative state on artificial life support but he is not brain dead but his survival chances are minimal, are physicians' allowed to turn off the machine at this point?

A. If "minimal" means hopeless upon scientific assessment, one may turn off and withdraw life support.

[- Femme -]

Q.12. What type of contraceptions are allowed in Islam?

A. As long as they are not harmful; they are not abortifacient; or they do not cause sterility.

 

Q.13. How come contraception is allowed and abortion is not?

A. Contraception is a prevention of pregnancy; abortion extinguishes an existing human life

 

Q.15. Would you allow an abortion for pregnancy resulting from rape?

A. No. Why kill an innocent life? But the baby should be the responsibility of society if the mother cannot support it. Coverage, care and sympathy are amongst her rights. I acknowledge a different position taken by other notable jurists. Why commit one crime because of another crime.

[- Femme -]

Q.16. Is giving medication like RU 486 "the morning after pill" which prevents the formation of zygote equal to causing an abortion?

A. No,unless the pregnancy has already formed or implanted.

 

Q.18. If a mother is fertile but cannot carry the child for medical reasons, is surrogacy allowed?

A. Not in Islam. Procreation emanates from a marriage contract, and a marriage contract accommodates two persons; husband and wife. Thus, assisted reproduction is allowed only between husband and wife while they are married.

 

Q.19. When a woman is not able to have a baby, the man has the option of marrying another woman. What happens if the man is sterile, does the woman have any options.

A. She has the legitimate option of procuring a divorce and marrying another man.

 

Q.20. What is your view about permanent sterilization?

A. Only for permanent medical indication or for the parous woman approaching her menopause. Other than that it is haram in Islam.

[- Femme -]

Q.21. When does life begin? At inception or at 120 days "when the spirit is blown"?

A. Life and spirit are not synonymous. Life begins at the inception, fusion of sperm and egg. Abortion in both stages is a crime however, it is a more severe crime in the second stage.

 

Q.24. Are Muslims allowed to consume medications which contain alcohol or pig by-products?

A. Only if it is a life saving necessity, when non-alcoholic and non-pork medicines ate not available.

 

Q.26. I am a medical student and I would like to know if it is OK for a female doctor to examine male patients private areas, or is it OK for a male doctor to be a Gynecologist?

A. It is alright, early jurists allowed it. Medical Figh Conference in Kuwait in the 80's allowed it for the purposes of diagnosis, treatment and medical education. The Niyyah, (intention) however, is of crucial importance in the individual case. Patients' preferences should be respected.

[- Femme -]

Medical Ethics is not an exercise between all black or all white, or absolute right or all wrong but, in gray areas, when it is not clear, in Medical Ethics we try to find a better answer over the worse one. The difference between what can be done and what should be done is the reason for Medical Ethics. The objectives of Islamic Shariah (Laws) is for the protection of individual life, religion, mind, property and family. In difficult cases, the rules are: a) take the lessor of the two evils, b) necessity overrides the prohibition.

 

Here's the link: Medical Ethics in Islam

 

Interesting Sites:

 

Islamic Perspectives on Medical Ethics (Check it Out)

 

IslamSet: Islamic Medicine Centre

Wonderful Islamic site that deals with:

1. Science

2. Technology

3. Environment

4. Psychology

5. Bioethics

6. Encyclopedia

7. Muslim Scientists

8. Health News

9. Etc. Etc.

[Viking]

2. It is permitted to transplant an organ from one person’s body to another, if it is an organ that can regenerate itself, like skin or blood,

on the condition that the donor is mature and understands what he is doing

, and that all other pertinent shar’i conditions are met.

In that case, what would be the ruling on a youngster (about 10 years old) who donates bone-marrow to save another sibling? The kid does not fully "understand what (he/she) is doing".

[- Femme -]

Im not sure about that. I also wondered about those kinds of situations...but doesnt a parent do whats best for his/her child? The bone marrow will regenerate itself..the child isnt harmed.

[Rahima]

Shabella, jzk sister .

 

As a Muslim student of medical science and the health field this was undoubtedly a beneficial topic.

[Khayr]

Salaamz,

Certainly permitted. Necessity overrules prohibitions in the juridical rule.

If this is a fiqh principle, then

a) Organ Donation is permissible (from what I understand, to save a life)

 

and

b).....z) this principle can be abused and is often abused.

For example , using this 'Necessity overrules prohibitions ' fiqh rule, it can be made permissible for a Muslim Cancer patient to smoke weeed to help them with their Cancer and thus, help to save their life.

 

Also, about Contraception, some ulema like Imam Ghazzali prohibit it because they take the view that the Semen is meant for Pro-creation (making babies) and not just for pleasure (ejaculation).

 

In addition, the Subject of Abortion is not simple. Since life doesn't begin (meaning the spirit doesn't blow into the fetus until 120days), then some are of the view that before the 120days, their is room for some flexibility.

Shiek Yusuf Al-Qardawi is of the view.

However, there are some stipulations to it too.

 

In anycase, Jazaka Allah Khayrun

 

Fi Amanillah