Abstract
Death is defined in the Quran with a single criterion of irreversible separation of the ruh (soul) from the body. The Quran is a revelation from God to man, and the primary source of Islamic knowledge. The secular concept of death by neurological criteria, or brain death, is at odds with the Quranic definition of death. The validity of this secular concept has been contested scientifically and philosophically. To legitimize brain death for the purpose of organ donation and transplantation in Muslim communities, Chamsi-Pasha and Albar (concurring with the US President’s Council on Bioethics) have argued that irreversible loss of capacity for consciousness and breathing (apneic coma) in brain death defines true death in accordance with Islamic sources. They have postulated that the absence of nafs (personhood) and nafas (breath) in apneic coma constitutes true death because of departure of the soul (ruh) from the body. They have also asserted that general anesthesia is routine in brain death before surgical procurement. Their argument is open to criticism because: (1) the ruh is described as the essence of life, whereas the nafs and nafas are merely human attributes; (2) unlike true death, the ruh is still present even with absent nafs and nafas in apneic coma; and (3) the routine use of general anesthesia indicates the potential harm to brain-dead donors from surgical procurement. Postmortem general anesthesia is not required for autopsy. Therefore, the conclusion must be that legislative enforcement of nonconsensual determination of neurological (brain) death and termination of life-support and medical treatment violates the religious rights of observant Muslims.
Highlights
Brain death, or death determination by neurological criteria, remains conceptually controversial on scientific, philosophical, and theological grounds (Joffe 2009; Nature 2009; The Lancet 2011; Wahlster et al 2015)
They have postulated that the absence of nafs and nafas in apneic coma constitutes true death because of departure of the soul from the body. They have asserted that general anesthesia is routine in brain death before surgical procurement. Their argument is open to criticism because: (1) the ruh is described as the essence of life, whereas the nafs and nafas are merely human attributes; (2) unlike true death, the ruh is still present even with absent nafs and nafas in apneic coma; and (3) the routine use of general anesthesia indicates the potential harm to brain-dead donors from surgical procurement
Chamsi-Pasha and Albar have argued that the nafs and nafas are absent in apneic coma and indicate the departure of ruh from the body
Summary
Death determination by neurological criteria, remains conceptually controversial on scientific, philosophical, and theological grounds (Joffe 2009; Nature 2009; The Lancet 2011; Wahlster et al 2015). Death, they have asserted, contrary to their claim of true death, that general anesthesia is routinely administered in brain-dead donors before surgical procurement of transplantable organs They have called upon governments to legislatively enforce nonconsensual determination of neurological (brain) death and immediate termination of medical care, including life-support treatment, in Muslim patients who are not organ donors, in order to conserve healthcare resources. In this commentary, firstly, a definition of death equating apneic coma with irreversible ruh separation from the body will be contested because it clashes with the Quranic definition of death.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
