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Abstract
Classical Islamic theology has laid down a meticulous and intricate methodology of dealing with novel issues from theological perspectives; to understand and actualise religious viewpoints regarding any matter or event that did not take place during the early formative period of Islamic Shari’ah, i.e., the lifetime of the Prophet (S.). During the later formative period, classical Islamic scholars developed several principles such as Qiyas (analogical deduction), Ijma’(consensus), Istihsan (public interest), ‘Urf (local norms) and so on, that all together would build the construct of the concept of Ijtihad (independent interpretation), and which would be carried out by competent religious scholars. Organ transplantation, of which organ donation is a conceptual component, is a contemporary issue that was not familiar among Muslim scholars in the early era. Therefore, it is the contemporary religious scholars’ responsibility to address this matter and bring Islamic judicial inference into the discussion. In doing so, some of the scholars differ in opinions. This paper aims to offer an introductory survey of the religious viewpoints on this issue, as presented by leading scholars from different schools of thought. This study will also include the judicial principles they have adopted in reaching those opinions. By doing so, this paper will introduce an overview of current and ongoing theological discourse on the matter of organ transplantation and donation.
Highlights
This paper aims to observe the application of Ijtihad in determining Islamic views on the Organ transplantation issue, along with introducing a comparative survey of these religious views as constructed by contemporary Muslim scholars
The primary argument of the opponents is that organ transplantation cannot be allowed for the same reason as suicide being prohibited in Islam, a human being’s soul and body is owned by God, and they are not allowed to violate them in any way
An elementary survey of the existing literature demonstrates a general absence of religious literature regarding the Islamic viewpoints on organ transplantation
Summary
Publisher’s Note: MDPI stays neutral with regard to jurisdictional claims in published maps and institutional affiliations. The word Shari’ah indicates religion in general, as it appears in a prophetic tradition narrated by Ibn Abbas, where the Prophet (S.) said: “Between Adam and Noah there were ten centuries and all of them (mankind) was on the shari’ah of truth Later, when they differed, Allah sent the prophets and messengers” During the Prophet’s lifetime, he provided religious rulings supported by revelation, al-Qur’an, and he was the primary source of Fiqh He allowed people to go to other knowledgeable and qualified companions with their Fiqhi questions. Qur’an and the prophetic traditions conjointly remained as the primary sources of Fiqh, as well as Shari’ah, since Based on this context, Shari’ah denotes broader and more general perspectives of religion, while Fiqh denotes specific knowledge of Shari’ah rulings or Islamic jurisprudence. In a broader sense, it is a Shari’ah issue as well
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