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22 Dec 2010, NewAgeIslam.Com

Is Transplantation of limbs in the Human Body allowed in the Shariah?

Newspapers have wrongly interpreted the Fatwa of Dar ul Uloom on the donation of parts of human body. The Mufti Saheb concerned had spoken against the donation of human parts and not that of the blood donation. The scholars have defined blood and milk as equal as both these things keep generating in human body as per their requirement. This is not the case with the parts of human body. Blood and milk generate and are treasured automatically when parts of human body once destroyed are destroyed for ever. Now-a-days transplantation of parts of human body has become very common. Eyes and kidneys are being donated and transplanted; even the brain is being transplanted. Shortage of donated milk and blood is fulfilled naturally, such is God’s management but it is not so with these parts of human body. Therefore Shariah has allowed donation of blood.-- Maulana Nadeemul Wajidi

(Translated from Urdu by Arman Neyazi, NewAgeIslam.com)

Is Transplantation of limbs in the Human Body allowed in the Shariah?

By Maulana Nadeemul Wajidi (Translated from Urdu by Arman Neyazi, NewAgeIslam.com) Newspapers have wrongly interpreted the Fatwa of Dar ul Uloom on the donation of parts of human body. The Mufti Saheb concerned had spoken against the donation of human parts and not that of the blood donation. The scholars have defined blood and milk as equal as both these things keep generating in human body as per their requirement. This is not the case with the parts of human body. Blood and milk generate and are treasured automatically when parts of human body once destroyed are destroyed for ever. Now-a-days transplantation of parts of human body has become very common. Eyes and kidneys are being donated and transplanted; even the brain is being transplanted. Shortage of donated milk and blood is fulfilled naturally, such is God’s management but it is not so with these parts of human body. Therefore Shariah has allowed donation of blood. Transplantation of human limbs has been going on since 1500 B C. So it was apparently taking place during the age of Nabi (SAW).It is said that the nose of a Sahabi Hazrat Urfajja (RA) got cut and he got a nose made of silver transplanted on its place. That also rots after sometime. It was then that Prophet Muhammad (SAW) permitted him to get a nose of gold transplanted. (Tirmizi240/4 Raquamul Hadith1770) The development of medical science has transformed transplantation into a form of art. It had started from the second half of the last century and is developing with time. Now the risk factor has minimized and possibility of success has increased manifold. Earlier medicines for keeping them intact were not available, creating a possibility of those limbs rotting before the implantation or they may not fully work after being implanted. But now medical practitioners have overcome this danger. Kidney transplantation has become common. It is estimated that at least one hundred thousand operations have been performed for the kidney transplantation alone. On an average these operations have got successful and the patients are living a normal life. Similar is the situation of liver transplantation. Patients are seen to be living a very normal life even for 15 yrs after the operation. These limb implantation operations have brought a revolution and have brought a ray of hope for the patients. In the given situation the followers of Shariah take it as an occasion of looking towards it for further guidance in this connection. For that matter it is a very good act, at first sight, that a human being is donating one of his limbs to another human being. It is an act of great benevolence and brotherhood. It will certainly increase humaneness in the world. The study of Fiquhi books reveals that it is not only a matter of humanity and benevolence but there are some other facets of it as well because of which Shariah has not allowed transplantation. If there is any such situation that a man may die if a certain limb is not transplanted there are ways of transplantation as well. And that is that the limb to be implanted should be or can be made of wood, plastic or of any other material. It has been proved even by the Hadith when Prophet (SAW) allowed nose of gold to be implanted even when gold is forbidden for men. Many scholars have tied their teeth with golden thread when it was needed. An0ther way is to replace the limb with that of an animal if the same has been sacrificed according to law of Shariah. Its description is there in the Fiquhi books, “ If anybody’s tooth falls he should replace it with the tooth of a sacrificed goat”( Durr e Mukhtar). It is not a new phenomenon it has been happening since ages hence it has been described at length in Fatawi Alamgiri by Imam Mohammad. There is no problem treating it with the animal bones if these are of sacrificed animals except that of pigs and that of human being because both of them are illegal in Shariah. The bones of even the dead animals can be used if these are dry and not wet. It has been described at length in the Fiquhi books. (Fatawi Alamgiri354/5) This description can be found in many other books such as Raquam ul Hadith 74/4 and Dur re Mukhtar. Now the question is, can human limbs be implanted in another human body? This thought arises in the mind of Hazrat Maulana Mufti Mohammad Shafi Usmani (RA) among all the scholars of Indo Pak continent and he contacted great scholars and Arbab e Fatwa and came to the conclusion that except in certain unavoidable conditions this implantation of human limbs in not right. Darul Uloom Deoband and other such respectable institutions have also pronounced their Fatwa that “the use of human limb in human body is illegal in view of its greatness and respectability. Some institutions say that it should not be used because of its being very respected and great gift of God while others opine that it should not be used because of its being unholy (nejasat). This is described in Sharahul Seerul Kabir (J:90/1) and in Hidayah (39/3) . Almost the same thing has been written by Sahen Fatah ul Quadeer accepting the opinion of Ulema that, “human being is not the master of his body. The real owner is God, the Almighty, who has created it. And because human being is not the owner he has no right to let anybody use or use it himself, dead or alive. That is the reason that suicide is also anti-Islamic, Haraam. Even if somebody is dying of hunger and wishes to cut any part of his body and eat it or offers anyone to do the same, this is Haraam . (Fatawi Quazi Khan, Saad 365, Kitabul Hizrul Abaha). Like the meat, eyes, ears and nose etc are also part of the body. Hence if their meat is not allowed how can other parts be? Therefore if one is not the master, one has no right to either gift or to sell it. Rewayaat have it that, once a lady came to Prophet (SAW) and said, O’ Prophet (SAW) my daughter’s hair very often fall, may I joint other hairs in her hairs! Prophet Muhammad (SAW) says, “ Allah has forbidden both Wasila and Mustawaila” (Bukhari2217/5, Raquamul Hadith5590, Muslim 1676/3, Raquamul Hadith2122) Wasila is the woman who uses others hairs in her’s and Mustawasila is the woman in whose hairs other’s hairs are joined. The above mentioned clearly clarifies that there is no wisdom in making someone comfortable by making others suffer. Hazrat Maulana Lajpuri (RA) says, “There is no doubt that one human being is benefitted by the other human being but in the end it is anti Islamic and anti Shariah. After all this way profit to one is less than loss to other and it is disrespect to the humanism. A human body is as much respectable in death as it is in life. Human body, for this reason, should be buried and not burnt or given to the crows and eagles. All books of Fiqah and Fatwas have called it Haraam, whether ancient one or that of the younger generation. In its 2nd Fiquhi Seminar Dated 8 th to 11th Dec. 1989 held in Delhi, Islamic Fiqah Academy has allowed implantation with some conditions , such as (1) if a patient is about to die in case he is not implanted another human body’s part and if the master Medical Practitioners are of the opinion that the life of the patient can be saved this way and there is no other way to save the patient’s life (2) If one of the relatives of a patient tries to save the life of his relative by donating his kidney with the advice of the master Medical Practitioners that his life will not be in danger with one kidney and the patient has no other way of saving his life other than implantation of a human kidney, the relative can donate without any price in cash or kind. (Judgement of Fiqah Academy Resolution 17 & 177). No Fatwa has been given against this judgment till date. URL: http://www.newageislam.com/NewAgeIslamUrduSection_1.aspx?ArticleID=3820