ORGAN TRANSPLANTATION

1. ORGAN TRANSPLANTATION NUR AISYAH BT SALEHUDDIN NURSYAZANA BT RIDZUAN

2. INTRODUCTION • Organ donation can be defined as the gift of ones body parts either during living or after death. • Transplant is the operation involving the replacement of diseased and defective organs and tissues with healthy ones from donors. • Among the commonly donated and transplanted organs are kidneys, liver, lungs, pancreas and heart. For the transplanted tissue, it includes cornea of the eyes, bone and skin.

3. The view of impermissibility There is only Allah Almighty has honored the human. Man is the vicegerent of Allah on earth; as stated in the Holy Quran: “Behold thy Lord said to the angles, I will create a vicegerent on earth.” (al-Baqarah: 30) He also said in the Holy Quran; “And verily we have honored the children of Adam” (al-Isra’: 70) As such, it is a well established principle of Shariah that all the organs of a human body, whether one is a Muslim or a non-Muslim, are sacred and must not be tampered with. To take benefit from any part of a human is unlawful (haram).

4. The human being should always keep his dignity even in disease or misfortune. The human body, living or death, should be venerated likewise. A human body is sacred even after his/her death. • The Messenger of Allah (peace be upon him) said: “Breaking the bones of a dead person is similar (in sin) to breaking the bone of a living person.” (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad)

5. The human body is an Amanah (Trust) • It is a trust (Amanah) that has been given to us by Allah Almighty. As such, it will be impermissible for one to sell, give or donate any organs of his body. Islam has forbidden suicide for the same reason. • There are many texts of the Qur’an and Sunnah that clearly determine this. Thus, it will be unlawful for one to give his organs to another.

6. Sacredness of human life/body • Man is enjoined to protect and preserve his own life as well as that of others. For example, man is forbidden from taking his own life: “Do not kill or destroy yourself for verily Allah has been to you most merciful. Make not your hands contribute to your own destruction” (an-Nisa’: 29)

7. The view of permissibility Unlawful things is permissible in cases of extreme need and necessity. Allah Most High says: • “He (Allah) has only forbidden you dead meat, and blood, and the flesh of swine and that on which any other name has been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, or misbehave due limits, then he is guiltless. For Allah is Most Forgiving and Most Merciful.” (al-Baqarah: 173) • According to Imam Shafi’i (Allah have mercy on him), it is permissible for a person dying out of hunger to consume the meat of another human. • Therefore, in cases of need and necessity, impure, and unlawful things become permissible. When a person’s life is in danger and he is in dire need for transplantation, he is in such a situation, thus the transplantation of organs will be permissible.

8. As for a human not owning his body is concerned, Islam permits a human in certain situations to utilize his body. • It is similar to the wealth which Allah Almighty has given a human, and he is permitted to utilize it (in a correct manner) and give it as a gift. • Similarly, it will be permissible to donate your organ in order to save the life of a fellow human being. The Holy Quran also says: “That who saves the life of one person shall be as if he saves the life of all mankind”. (Surah al-Maidah, 32)

9. Conditions of the organ donor Conditions associated with a living donor: • Must be a person who is in full possession of his faculties so that he is able to make a sound decision by himself • Must be an adult, (in Malaysia 18 years old) where he can make the decision by his own. • The organ transplantation also should be done on his own free will without any external pressure exerted on him • Furthermore, the organ that he is donating must not be a vital organ on which his survival or sound health is dependent upon. (eg: heart)

10. Conditions associated with deceased donors: • For the cadaver or deceased donor, the organ transplantation must be done after having ascertained the free consent of the donor prior to his death. • In a case where organ donation consent was not given prior to a donor’s death, the consent may be granted by the deceased’s closest relatives who are in a position to make such decisions on his behalf. • Moreover, the organ that is being transplanted must be an organ or tissue that is medically determined to be able to save the life or maintain the quality of life of another human being. • The organ must be removed only from the deceased person after the death has been ascertained through reliable medical procedures

11. The conditions to be fulfilled before organ transplant • The transplantation is the only form of treatment • The expected degree of success of this procedure is relatively high • The consent of the owner or of his heirs have been obtained • Death must have been fully established by Muslim doctors • The recipient patient has been informed of the operation and its implication

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