Butt, MZ (2019) Organ Donation and Transplantation in Islam - An opinion

Youtube comments on above post:

Mustafa Kamal

Mustafa Kamal

2 weeks ago

Jazak Allah Molana sab. I am from KPK, Pakistan.

4

Mohammed Muawiyah

Mohammed Muawiyah

2 weeks ago (edited)

Lol my dad just spoke to mufti zubair butt before i seen this video. May Allah reward the efforts of my ustaads ameen.

5

أهل السنة Ahlu-śunnah والجماعة Wal-Jamãth

أهل السنة Ahlu-śunnah والجماعة Wal-Jamãth

2 weeks ago

Mashallah May Allah protect maulana ibrahim and omear saab

Àmeen

Source: https://www.youtube.com/watch?v=8A1QYPFACd8&feature=youtu.be

AlIslamProductions Published on Jul 12, 2019

AlIslamProductions

Published on Jul 12, 2019

Summary of Analysis;

1. Muslims in the UK, in the unanimous opinion of the Hanafi Scholars, should opt out of the Organ Donation system.

2. It is against the Sharia to cut up a dead person, to remove organs from a cadaver, and to re-use them.

3. The system in the UK actually removes organs from people who are Islamically still alive – they are actually breathing, with a beating heart, even if with the help of life support systems. Such ‘donors’ are cut up and their organs removed whilst still in this living state – and the above fatwa confirms that such ‘donations’ are impermissible, and these patients in life support systems are not dead.

4. A person is only dead in Islam if they exhibit no signs of life. Shariah then commands utmost respect and honour of the deceased. The above fatwa allows a dead person to be cut open and their organs removed, based on an opinion from the Jeddah based International Fiqh Academy, and also on the authors own opinion that this cutting up of a dead person is not desecration, and is not against the respect and dignity of the dead as enjoined by the Shari’ah. The author claims it is now seen by society as an ultimate gift and a noble act, and therefore permissible. Our discussion shows this to be a false and dangerous misperception.

5. The fatwa fails to address suspicions of possible lack of impartiality, objectivity and conflict of interest, as the author is employed by the NHS, and a particular interpretation of the fatwa conducive to the interests of the NHS is being promoted.

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Organ Donation

and Transplantation

in Islam

An opinion

Mufti Mohammed Zubair Butt

Jurisconsult

Institute of Islamic Jurisprudence, Bradford

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Contents:

1. Foreword, Amjid Ali 4

2. Acknowledgement, Amjid Ali 5

3. Acknowledgements, Mufti Mohammed Zubair Butt 8

4. Introduction and Executive Summary 9

i. 1995 of the Muslim Law (Shariah Council) 9

ii. 2000 Fatwa of European Council for Fatwa and Research 10

iii. Organ Transplantation in Islam 12

i. Prosthesis 12

ii. Xenotransplantation 12

iii. Autotransplantation 12

iv. Homotransplantation 13

iv. Human dignity 13

v. Impurity of the excised body part 13

vi. Ḥadīths prohibiting the breaking of the bone of a dead person 13

vii. Ḥadīths prohibiting the use of [human/non-human] hair extensions 14

viii. Mutilation –muthla 14

ix. Changing the creation og God – taghyīr li khalq Allah 15

x. Self-ownership and property rights 16

xi. Blocking the means – Sadd al-Dharāʾiʿ 16

xii. Posthumous pain perception 17

xiii. Living/altruistic organ transplantation 17

xiv. Death in Islam 17

xv. Organ donation after circulatory determination of death (DCDD) 18

xvi. Organ donation after neurological determination of death (DDBD) 18

xvii. Deceased organ donation and transplantation 19

xviii. Donation of stem cells 19

5. Section 1: Review of the 1995 fatwa Muslim Law (Shariah Council) 20

i. Is it an obligation to seek treatment? 22

6. Section 2: Review of the 2000 Fatwa of European Council for Fatwa and

Research 27

7. Section 3: Organ Transplantation in Islam 31

i. Prosthesis 32

ii. Xenotransplantation 33

iii. Autotransplantation 34

iv. Homotransplantation 36

8. Human dignity 37

i. Live neonate 41

ii. Ingested property 44

iii. Survival anthropophagy 48

iv. Right of requital 50

9. Impurity of the excised body part 51

10. Ḥadīths prohibiting the breaking of the bone of a dead person 53

11. Ḥadīths prohibiting the use of [human/non-human] hair extensions 54

12. Mutilation –muthla 64

13. Changing the creation og God – taghyīr li khalq Allah 67

14. Self-ownership and property rights 75

15. Blocking the means – sadd al-dharāʾiʿ 84

16. Posthumous pain perception 87

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17. Living/altruistic organ transplantation 88

18. Death in Islam 89

19. Organ donation after circulatory determination of death (DCDD) 99

20. Organ donation after neurological determination of death (DDBD) 101

21. Deceased organ donation and transplantation 103

22. Donation of stem cells 103

23. Respecting the wishes of the donor 104

24. Is a written instruction a legal bequest 104

25. Implied consent 107

26. Appendix 1 108

27. Appendix 2 109