Organ Donation: Islamic View
#1 gulmarg
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Posted 14 November 2012 - 10:43 PM
I would like to know the Islamic view of human organ donation. If Islam allows it then please provide with proof which could be used as a tool to generate awareness.
#2 Sanguine
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Posted 15 November 2012 - 05:28 AM
Your body is a trust in your hands and thus organ donation is allowed with certain conditions.
You can donate organs but you cannot sell them.
The donor must be identified before you actually donate organs.
Donating vital organs (e.g kidneys) is perimissible while donation of non-vital organs is not permissible (e.g Cornea Transplants).
Donation of organ should not put donor's life at risk.
PS: Will have to search for the link but I think it can be found on website of Islamic Fiqh Academy.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
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Posted 15 November 2012 - 06:00 AM
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Posted 15 November 2012 - 06:56 AM
Fatima47, on 15 November 2012 - 05:28 AM, said:
Your body is a trust in your hands and thus organ donation is allowed with certain conditions.
You can donate organs but you cannot sell them.
The donor must be identified before you actually donate organs.
Donating vital organs (e.g kidneys) is perimissible while donation of non-vital organs is not permissible (e.g Cornea Transplants).
Donation of organ should not put donor's life at risk.
PS: Will have to search for the link but I think it can be found on website of Islamic Fiqh Academy.
Non vital organs is not permissible? ..... Sorry sister but how do these sheikhs come up with these statement. If you were not able to see and a cornea replacement enabled you to see that operationis vital and life changing. Our lord is kind, merciful and giving. He values Muslim life above all else. Why are we Muslims so harsh.
#5 Sanguine
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Posted 15 November 2012 - 10:42 AM
platinum786, on 15 November 2012 - 06:00 AM, said:
Donors must consent to donation of their vital organs in their lives. Their legal heirs cannot donate organs of the deceased.
butterfly, on 15 November 2012 - 06:56 AM, said:
Vital organs are those whose failure could cause death. You see or you dont, your life is not at stake. Remember the basic rule "our body is a trust given by Almighty Allah in our hands", still an exception was made to this rule for transplant of vital organs.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#6 noxiouspython
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Posted 15 November 2012 - 09:21 PM
Relevant fatwas:
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Brief Fatwa:
Queastion: What is the ruling on donating organs?.
Answer: Praise be to Allaah.
Donating organs is not all on one level. There is the donation of organs on which life depends, and there is the donation of organs on which life does not depend.
If the donation is of an organ on which life depends, such as the heart or liver, it is not permissible to donate it, according to the consensus of the scholars, because that is killing a soul.
But if it is an organ on which life does not depend, such as a kidney or blood vessels, then there is a difference of opinion among contemporary scholars, and there are two views on this matter:
1 – That it is permissible to transplant human organs
2 – That it is not permissible to transplant human organs
Fatwas stating that it is permissible have been issued by a number of conferences, seminars and committees, including: the International Islamic Conference held in Malaysia; the majority of the Islamic Fiqh Council, whose fatwa may be seen in the answer to question no. 2117; the Council of Senior Scholars in the Kingdom of Saudi Arabia; and the Fatwa Committees in Jordan, Kuwait, Egypt and Algeria.
It is also the view of a number of scholars and researchers, including Shaykh ‘Abd al-Rahmaan ibn Sa’di.
Some of the scholars favoured the view that transplants are permissible on condition that the donor is a harbi kaafir (i.e., one who is in a state of war against Islam, not one with whom the Muslims have a treaty, or who is living under Muslim protection), because the harbi kaafir has no sanctity, whereas the sanctity of the Muslim is established in life and in death.
For more information see the book Ahkaam al-Jaraahah al-Tibbiyyah by Shaykh Muhammad al-Mukhtaar al-Shanqeeti, pp. 354-391
And Allaah knows best.
Link
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Detailed Fatwa
Question: In Islam is it allowed to donate your organs to people that need it, when the die?.
Answer: Praise be to Allaah.
In the answer to question no. 49711 we stated that the (scholarly) view that it is permissible to donate organs is most likely to be the correct view, so long as the donation will not lead to the death of the donor.
Here we will quote resolutions of the Islamic Fiqh Council of the Organization of the Islamic Conference, which support the fatwa mentioned above. These resolutions were issued after lengthy discussions among a number of fuqaha’, doctors and specialists. We will quote them here in full because of the medical and shar’i information they contain....
For complete fatwa click here.
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For further reading:
Are you allowed to donate or receive organs, since I have seen no direct prohibition on organ transpants in the Quran.
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Hope it was of some help.
And Allah knows best.
w/salaam
"There is none worthy of worship but He, glorified be He: [Far is He] above that which they associate [with Him]" (Qur'an 9:31)
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Fudayl ibn Iyaad said: "Verily, if an action was done sincerely for the sake of Allah but was not correct, it will not be accepted by Allah. And if the action was correct but not done sincerely it will not be accepted until the act is sincere and correct. For it to be sincere, it has to be done for the sake of Allah, and in order for it to be correct, it has to agree to the sunnah."
the Messenger of Allah pbuh says; “whoever does not care about the affairs of the Muslims is not one of them.”
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#7 Felicius
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Posted 15 November 2012 - 09:35 PM
Simple yes and no answer.
I am an organ donor.
Some fatwas don't make any sense to me at all; if I am dead then what is so sinful and wrong to make another human being's life blessed? If they can see through my cornea, or their family can have a father many years longer due to my heart, then how is donating an organ is committing a sin?
Napoleon Bonaparte: The world suffers a lot, not because of the violence of bad people, but because of the silence of good people!
#8 noxiouspython
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Posted 15 November 2012 - 09:58 PM
...
(ii) Transplant of an organ from a dead person
...
With regard to shar’i rulings:
...
-6- It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
...Link
Hope that answers the question.
w/salaam
"There is none worthy of worship but He, glorified be He: [Far is He] above that which they associate [with Him]" (Qur'an 9:31)
Not equal are the owners of the fire and the owners of the Garden. The owners of the Garden, they are the victorious. [Quran 59:20]
Allah knows best [who are] your enemies. Allah is sufficient as a Friend, and Allah is sufficient as a Helper. [4:45]
Fudayl ibn Iyaad said: "Verily, if an action was done sincerely for the sake of Allah but was not correct, it will not be accepted by Allah. And if the action was correct but not done sincerely it will not be accepted until the act is sincere and correct. For it to be sincere, it has to be done for the sake of Allah, and in order for it to be correct, it has to agree to the sunnah."
the Messenger of Allah pbuh says; “whoever does not care about the affairs of the Muslims is not one of them.”
islamqa.com
#9 butterfly
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Posted 16 November 2012 - 03:30 AM
noxiouspython, on 15 November 2012 - 09:58 PM, said:
...
(ii) Transplant of an organ from a dead person
...
With regard to shar’i rulings:
...
-6- It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
...Link
Hope that answers the question.
w/salaam
Now this makes sense. I couldn't understand why vital organ transplants were allowed and the so called non vital I.e. cornea transplants not allowed. Islam is a progressive religion. Muslims on the other hand....well God only can help us.
#10 sobank
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Posted 16 November 2012 - 04:45 AM
#11 butterfly
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Posted 16 November 2012 - 06:25 AM
sobank, on 16 November 2012 - 04:45 AM, said:
Gosh who on earth would do that? Even to suggest it is crazy? Did we need a fatwa on this?
#12 Felicius
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Posted 16 November 2012 - 08:42 PM
sobank, on 16 November 2012 - 04:45 AM, said:
Well, somewhere up there I read cornea isn't. Considering cornea is attached to the eye, my guess is that it wouldn't be.
Napoleon Bonaparte: The world suffers a lot, not because of the violence of bad people, but because of the silence of good people!
#13 Sanguine
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Posted 17 November 2012 - 12:14 AM
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#14 Sanguine
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Posted 17 November 2012 - 12:14 AM
Shehz, on 16 November 2012 - 08:42 PM, said:
I am sure you can check the authenticity of things here.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#15 sobank
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Posted 17 November 2012 - 02:45 AM
#16 Felicius
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Posted 17 November 2012 - 09:30 AM
Fatima47, on 17 November 2012 - 12:14 AM, said:
PDF members are the most authentic source on Islam, you didn't know that? Woman, thou have comitted blasphemy, ye shall burn in hell!
Soban behead her, she questioned the Taliban.
Napoleon Bonaparte: The world suffers a lot, not because of the violence of bad people, but because of the silence of good people!
#17 gulmarg
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Posted 20 November 2012 - 11:32 PM
...
-6- It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
This goes well with the Indian Transplantation of Human Organs Act (THOA), 1994
Thanks to All
#18 Sanguine
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Posted 15 December 2012 - 03:38 PM
butterfly, on 16 November 2012 - 03:30 AM, said:
A little clarification....I got to talk about it with my teacher the other day. Once she delivered the lecture, she kept repeating the term, "vital organs" and I thought it to be only those organs which are necessary for your survival. This was not correct. All organs are vital (as per fatwa) so all organs can be donated. However, the permission by legal heirs is something we are still looking into.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#19 gulmarg
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Posted 14 March 2013 - 11:10 PM
http://www.thenews.c...-says-Prof-Adib
Every year, approximately 50,000 people in Pakistan die due to organ failure, of which 20,000 die of renal failure, 15,000 of liver failure, 8,000 of heart failure and the rest due to failure of lungs and pancreas.
This was disclosed by Sindh Institute of Urology and Transplantation (SIUT) Director Prof Adib Rizvi during an event held at the institute on Thursday to observe the World Kidney Day. This year’s theme is ‘Kidneys for Life: Stop Acute Kidney Injury’.
Rizvi said, “Pakistan has a law for deceased organ donation; and if we start cadaver organ donation in our country, we can save majority of patients suffering from organ failure.”
Maulana Abdul Sattar Edhi, who was also in attendance, stressed the importance of regular medical check-up of diseases and preventive measures.
Rizvi said there was an alarming annual increase in renal failures across the country. A 40 percent increase has been witnessed in diabetes and hypertension, the leading causes of chronic renal failure, he added.
Specialists said that globally, 366 million people suffer from diabetes every year world over, and by 2030, the number would increase to 552 million.
They feared that Pakistan would be the 10th largest country of the world with diabetic patients. It is necessary to control diabetes at an early stage to prevent chronic renal failure, they added.
Nutritionists said obesity was one of the main reasons of cardiac diseases, diabetes and hypertension. They stressed the fact that these were preventable.
They said that according to a national health survey, obesity was more common in the urban population, especially among females.
A balanced diet, low salt use and regular physical activity could help prevent obesity and related diseases, they added.
Health experts said diabetes and high blood pressure were the two major causes of chronic kidney disease (CKD), which is a slowly progressive, often silent, disease in which the kidneys gradually lose the ability to remove toxins and waste products from the blood.
In his presentation titled ‘Your Amazing Kidneys’, Consultant Nephrologist Dr Waqar Kashif said people at high risk of developing kidney diseases included those with diabetes and high blood pressure, individuals who are obese, smoke or are over the age of 40 and with a family history of kidney disease.
He said undetected kidney disease could lead to the kidneys becoming progressively weaker, eventually leading to kidney failure and needing dialysis or even a transplant.
Consultant Nephrologist Dr Abdul Mabood Khalil said CKD could be detected early on using simple blood and urine tests.
Once detected, there are several protective measures that can be taken, which include a low salt diet that can help lower blood pressure, controlling your blood sugar level, monitoring your blood pressure, stopping smoking, increasing physical activity and losing weight, he added.
He said another effect of CKD was an increased risk of cardiovascular disease, adding that screening and preventive behaviours could reduce CKD complications.
Currently, one-third of Pakistani patients on dialysis have kidney disease as a result of long standing and uncontrolled high blood pressure.
Moreover, patients who have diabetes in addition to high blood pressure, have greater chances of developing diabetic kidney disease.
As CKD progresses, controlling blood pressure becomes more difficult, with patients sometimes requiring five to six different types of medicines.
Kidney diseases are progressing in Pakistan and inadequate measures are being taken to control this silent epidemic.
But the costs of treating these diseases stretch the government healthcare system and are often beyond the reach of the common people.
CKDC walk
A walk and other health awareness programmes were held at the Clifton Kidney and Dialysis Centre (CKDC) to observe the World Kidney Day.
The participants of the walk, led by Prof Iffat Yazdani and Prof Manohar Lal, marched around the block to create awareness about kidney diseases.
The centre was decorated with festive balloons and lights, while a free camp was also set up where free blood tests and ultrasound of kidneys were carried out.
#20 sobank
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Posted 15 March 2013 - 08:40 AM
Sanguine, on 15 December 2012 - 03:38 PM, said:
And here comes the bigger question then.................... what if the organ is not donated for the benefit of one specific person but for the benefit of humanity? Is it still allowed to donate the organ?
I am pointing at the body for research and teaching etc.
#21 sobank
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Posted 15 March 2013 - 09:10 AM
Felicius, on 17 November 2012 - 09:30 AM, said:
You got that damn right........................... Knowing 99% of these "aalams" has never entered a single high science class, they are in no position of issuing fatwas. I mean just look at the statement of "vital organ". WTF does that mean. What part of human body is not vital to its functioning?
1- They just found out that appendix is needed for bacteria storage.
2- You need to eye to function. (3d perception is gone with one eye)
3- two arms for practically any and everything
4- two legs for walking
5- two kidneys for functioning 100%.
I mean really what is not not vital for daily functioning.
#22 Saqr
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Posted 15 March 2013 - 10:20 AM
Felicius, on 15 November 2012 - 09:35 PM, said:
No. Your authority over your body is only existent when you are alive. When you die your body is no longer in your trust, hence you cannot make a promise of organ donating post-mortem, since at that point you don't have authority over your body. It's like me saying to someone, "yeah you can have the fruits that grow on my land, even after I sell the land to someone else." Besides that, Allah (swt) has categorically forbidden tampering with corpses.
Sobank,It is not an issue of donating the organ, the point is that you are permitted to utilize your organs and body parts as you see fit (so long as it isn't Haram, e.g. doing something that could kill you). Whether it is donating to a person or for a cause, or to become a cyborg, it is up to you.
Edited by Saqr, 15 March 2013 - 10:21 AM.
#23 Sanguine
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Posted 15 March 2013 - 10:45 AM
Having said that, let me ask how many of you know how these fatwas are issued? I am not asking about fatwas that are issued in every nook and corner. Its a fatwa of Islamic Fiqh Council ( or whatever they call it) which is similar to collective ijtihad and hence far more weighty than any random fatwa. Such sessions include peoplw from all streams who are experts. You think when this fatwa was issued there were no doctors or surgeons in th session and the scholars issued it at their own?
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#24 Saqr
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Posted 16 March 2013 - 12:32 AM
Sanguine, on 15 March 2013 - 10:45 AM, said:
Having said that, let me ask how many of you know how these fatwas are issued? I am not asking about fatwas that are issued in every nook and corner. Its a fatwa of Islamic Fiqh Council ( or whatever they call it) which is similar to collective ijtihad and hence far more weighty than any random fatwa. Such sessions include peoplw from all streams who are experts. You think when this fatwa was issued there were no doctors or surgeons in th session and the scholars issued it at their own?
The process is basically this:
1. We have an issue - donating organs. This is the question at hand, now one needs to look at the specific components at work in this issue.
2. The components here include (1) does a person have authority over their body parts, i.e. use them as they see fit? And (2) What is the extent of this authority, are they allowed to amputate parts?
3. Based on the above we understand that we do have some authority over our body parts, and that we can amputate them so long as we are alive (we can even ask for blood money for those parts).
Personally, I am fairly convinced of the evidences used for this opinion, but at the end of the day it is just one Islamic opinion - there are others. My advice, look at the evidences based on their use and their intrinsic strengths (e.g. strength of narrations, strength of the tafasir of the ayat and ahadith, etc)
#25 sobank
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Posted 16 March 2013 - 10:10 AM
You can not harm your body................ this include smoking or eating poison etc.
Donating your part while dead doesnt contradict this.
You do have control over your body after death. You use your will to do that. This is just like your wealth. You really dont have first person control of it but you assume that your will be carried out by your survivors or your lawyer. So saying that you got no control is not really applying here. I am organ donor. When I die how many of you think that they not gonna remove my organs in toronto? I hope you get my point.
The only issue is giving away while alive for profit. I personally think that should not be allowed. But then again if someone is offereing my $10M for my kidney, I will consider it halal saying that hey I can live health with one.
Cutting up one arm will not kill me but it will swearly cut down quality of life. So will that be allowed?
And if cutting is allowed for money, will it be allowed for personal satisfaction? (people who amputate them for their own satisfaction)
#26 Sanguine
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Posted 16 March 2013 - 10:56 AM
sobank, on 16 March 2013 - 10:10 AM, said:
Incorrect. In Islam, your body belongs to Allah and is not your property. Its only a trust so you can use it like a trust should be used but you cannot dispose it of, except if it is in agreement with rules laid down by Shariah.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#27 Saqr
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Posted 17 March 2013 - 06:20 PM
sobank, on 16 March 2013 - 10:10 AM, said:
You can not harm your body................ this include smoking or eating poison etc.
Donating your part while dead doesnt contradict this.
You do have control over your body after death. You use your will to do that. This is just like your wealth. You really dont have first person control of it but you assume that your will be carried out by your survivors or your lawyer. So saying that you got no control is not really applying here. I am organ donor. When I die how many of you think that they not gonna remove my organs in toronto? I hope you get my point.
The only issue is giving away while alive for profit. I personally think that should not be allowed. But then again if someone is offereing my $10M for my kidney, I will consider it halal saying that hey I can live health with one.
Cutting up one arm will not kill me but it will swearly cut down quality of life. So will that be allowed?
And if cutting is allowed for money, will it be allowed for personal satisfaction? (people who amputate them for their own satisfaction)
But when you die, your body is no longer under your authority. Allah (swt) gave us our bodies and our wealth as a trust, they both belong to Him (swt). He (swt) was explicit in telling us not to mess with corpses, regardless of what the person who inhabited the body or others think. On the other hand, He (swt) permitted rizq for inheritance.
#28 sobank
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Posted 17 March 2013 - 06:53 PM
Sanguine, on 16 March 2013 - 10:56 AM, said:
So you are saying that Allah would rather want the body go to waste then let his people use it to save some life. Sounds very contradicting coming from an entity that wants us to give away our hard earn money every year (talking about zakat).
^^^ That would be my stand if I truely believe that what you said is correct which i dont think it is. So time to back your statement. Could you please tell us from where that view is generated along with full syaq-o-sabaq (context).
#29 gulmarg
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Posted 17 March 2013 - 10:57 PM
Is Malaysia ready for an opt-out system when it comes to organ donations?
HOW long does one have to wait for a new kidney in Malaysia (for those on the organ transplant waiting list)?
There is no fixed answer, says Kuala Lumpur Hospital Nephrology Department chief Datuk Dr Ghazali Ahmad, but one can always go by simple statistics.
As at Jan 31 this year, there are a total of 16,479 people on the waiting list. Of that, 16,449 are waiting for new kidneys. Compare this against the donor figures.
In 2012, there were only 44 cadaveric donors (hence, 88 kidneys).
“You can do the calculations yourself but, generally, most patients wait for more than 10 years to get a new kidney. I know of patients who have been on dialysis for 28 years,” he says.
Not surprising, as Malaysia has one of the lowest cadaveric organ donation rates in the world, according to the World Health Organisation (WHO)'s Global Observatory on Donation and Transplantation (GODT) 2010, at 0.7 per million population (pmp).
Compare this with Singapore, at 5 pmp, New Zealand (8.7 pmp), the United Kingdom (16.4 pmp) and Spain (31.9 pmp). (Refer to chart.)
With such a low rate, should Malaysia consider an opt-out system?
The opt-out system presumes one has already given his consent to be an organ donor upon his death, unless there is expressed objection, explains National Transplant Resource Centre head Dr Lela Yasmin Mansor.
“So as long as there is no expressed objection, the state or the hospital has the right to take a deceased person's organs because it is presumed that that person would have wanted to donate them,” she says.
Even within the opt-out system, there is the “hard” approach (where family members are not consulted, such as in Austria), and the “soft” approach (where family members are still consulted, such as in Spain).
This differs greatly from the current opt-in system Malaysia practises.
“Opt-in means there's expressed consent, in verbal or written form, by the donor or his next of kin,” Dr Lela explains.
“Even for registered donors, we still ask his family for consent. Conversely, even if that person has not registered, his family can decide to donate his organs and tissue.”
What are the benefits of an opt-out system?
For one thing, it contributes to a rise in the number of consenting donors. It also greatly simplifies the hassle for people who want to donate their organs.
“There are many reasons why people do not sign up, or think about signing up (as organ donors) one of which is that people are just lazy.
“For many, it's just too much work to think about donating their organs, to look up information and to register. The opt-out system takes away all that process of having to sign up. If you want to donate, you don't have to do anything,” Dr Lela explains.
Instead, the onus is on those who do not wish to donate their organs to inform the authorities.
There is another point for the opt-out system it puts everyone on a level playing field.
In a debate conducted by The Independent in the United Kingdom, one of the arguments for the system is it would deal with the issue of “free-riders people who will take organs if they are ill, but would not have considered being a donor”.
An article in the New York Times' blog, Well, titled “In Israel, a new approach to organ donation” also highlights this problem.
While Israel still practises the opt-in system, Dr Jacob Lavee, a cardiothoracic surgeon initiated a new programme giving transplant priority to patients who have agreed to donate their organs.
He began his work on the programme after noticing a kink in the existing system through two of his ultra-Orthodox, Haredi Jewish patients who were awaiting heart transplants.
They had confided in him that “they would never consider donating organs, in accordance with their Haredi Jewish beliefs, but they had absolutely no qualms about accepting organs from others”.
However, the opt-out system has its critics.
UiTM Emeritus Professor of Law Datuk Dr Shad Saleem Faruqi is one.
“We must always remember that an individual is not an individual alone. He is a member of a family, and the opt-out system seems to be totally disrespectful of the rights of the family (particularly in the “hard” approach).
“Organ donation is a decision which will affect the family of the donor, and contribute to their grief, especially if the family has never had the chance to discuss it thoroughly. What if a person did have objections, but for whatever reason never had the chance to register his dissent?” he asks.
Dr Shad's other contention with the opt-out system is that it seems to contravene basic human rights principles.
“My body is my property. The state has no right to my body, just as the state has no right to my house. I have to give it away.
“My human body is a gift to me from God, and this system seems to be an assault on our rights to our own bodies. On a matter as big as this, there should be no such thing as (being) silent means consent. Expressed consent should be required,” he argues.
However, Dr Shad is also quick to clarify that he is in full support of voluntary organ donation (opt-in system) and that there should be more education on this topic.
Dr Lela agrees.
“With the opt-out system, for you to presume consent, the potential donor must first be educated about his options, and that he has a right to express his objection,” she says.
But she believes that having an opt-out system alone will not raise the number of cadaveric donations.
“You need to have a good infrastructure the mechanisms, logistics etc. Do you have enough doctors to cope if there is a sudden increase in the number of donations and transplants?
“You need good laws in place laws that will safeguard the rights of the donor, recipient, doctors and the medical staff. It must be all laid out clearly so there is no fear.”
Even the definition of death should also be stated in the law.
“At the moment of brain death, even to switch the ventilator off, some doctors will ask Is this legal?'
“Malaysia tends to hold a cautious approach in determining brain death (two tests are done within a six-hour interval, before a person can be declared brain dead), while in many other countries it is easily accepted, as it is defined in the law,” she explains.
The law should also have provisions to monitor and penalise abuses.
“More importantly, more people need to be educated on organ donations, before we can think of implementing the opt-out system. If society is not for it, it will not work, even if it is imposed.
“Every individual and every citizen in the country must understand the system. They must know that they have the right to object if they do not want to be a donor, and there must be a way for them to express that objection,” she says.
Singapore is one country that employs the opt-out system.
According to Live On (www.liveon.sg), the organ donation site run by Singapore's Health Ministry, “the Human Organ Transplant Act (HOTA) allows for the kidneys, liver, heart and corneas to be recovered in the event of death from any cause for the purpose of transplantation”.
HOTA was first implemented in 1987. As of Nov 1, 2009, all Singaporean citizens and permanent residents above the age of 21 (who do not have any mental disorder), are included under HOTA unless they have opted out.
The site says that “those who are under HOTA will also have higher priority on the waiting list should they need an organ transplant” and vice versa those who opt out of HOTA receives lower priority on the waiting list should he need an organ transplant in the future.
For those who wish to donate beyond the scope of HOTA, there is the Medical (Therapy, Education and Research) Act (MTERA), an opt-in scheme for people to pledge their organs, tissues, or any body part for the purpose of transplantation, education or research upon their death.
The site explains that all Singaporean citizens and permanent residents (PR) who turn 21 years old, or foreigners who obtain citizenship or PR status, will receive a letter from the Health Ministry informing them that they will be included under HOTA, and that they can opt out if they object to having their organs recovered upon death.
“Anyone who decides against having his organs recovered upon death can do so by completing the Objection to Organ Removal under Section 9(1)' form and send it to the National Organ Transplant Unit,” the site states.
Apart from Singapore, many European countries Spain, Austria, Belgium and Norway also employ the opt-out system with the aim of increasing the number of cadaveric donors in their respective countries.
The United Kingdom, while still practising the opt-in system, has also seen a lot of discussion and debate on this topic.
A new organ will mean a much better quality of life for those who need it.
Citing the example of his patients with kidney failure, Dr Ghazali says that while haemodialysis or peritoneal dialysis can sustain life, it is far from ideal.
“Patients who are on haemodialysis need treatment three times a week. They will have to live with this process for the rest of their lives until they get a transplant, or they die.”
The dialysis process itself is four hours long, but patients usually spend much more time than that for one session.
“They need to make their way to the dialysis centre, and treatment doesn't start the minute they get there. Sometimes the machine is not ready because another patient has just got off it. They need to wait. After dialysis, some patients (particularly those who have just started going on dialysis) may feel nauseous or unwell. They may need to rest for another 15 or 30 minutes. Then they need to make their way home. All this is time wasted that could have been spent with their family or at work,” he says.
Dialysis patients also have to observe a strict diet.
“After a while, a patient who is on dialysis will have no more urine. Waste is removed through dialysis, so they need to be very careful with their water intake not just drinking water, but even fruits, soup, vegetables, etc. With our hot Malaysian weather, it can be hard to control water intake.
;Dialysis patients will also have problems travelling; even a simple balik kampung during the festive season can be a challenge. If they're travelling for just three days, they will have to first arrange for a place where they can have their haemodialysis. It's easier said than done sometimes centres are full ... it's not always easy to find a centre on short notice,” he says.
Patients on dialysis will also find it hard to gain or retain employment.
While everyone agrees that the idea of saving another person's life is a noble one, whether Malaysia is ready for the opt-out system remains to be seen.
;I think there should be a full debate on this topic. The public needs to be thoroughly engaged in discussion before decisions are made and policies implemented.
;Good things must be done in a good way,” Dr Shad concludes.
http://thestar.com.m...7734&sec=nation
#30 Saqr
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Posted 18 March 2013 - 09:56 AM
sobank, on 17 March 2013 - 06:53 PM, said:
Edited by Saqr, 18 March 2013 - 10:01 AM.
#31 sobank
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Posted 18 March 2013 - 11:20 AM
Quote
No.
Allah has forbidden messing with the dead bodies not using it for donation etc.
By your logic, post mortem will be against islam too.
by the way I got an answer to this whole thing. Answer is pretty detailed (actually i was surprised in a good way).
Quote
-6-
It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
-7-
It should be noted that the agreement on the permissibility of organ transplants explained above is subject to the condition that this is not done by selling the organs, because it is not permissible to subject human organs to sale under any circumstances.
As for the beneficiary spending money in order to obtain the required organ where necessary or offering compensation or honouring the donor, this is subject to ijtihaad and further discussion.
source seems credible.
http://islamqa.info/en/ref/107690
Praise be to Allaah.
In the answer to question no. 49711 we stated that the (scholarly) view that it is permissible to donate organs is most likely to be the correct view, so long as the donation will not lead to the death of the donor.
Here we will quote resolutions of the Islamic Fiqh Council of the Organization of the Islamic Conference, which support the fatwa mentioned above. These resolutions were issued after lengthy discussions among a number of fuqaha’, doctors and specialists. We will quote them here in full because of the medical and shar’i information they contain.
In statement no. 26 concerning one person benefiting from the body parts of another, living or dead, it says:
The Islamic Fiqh Council which convened in the fourth conference in Jeddah in the Kingdom of Saudi Arabia from 18-23 Safar 1408 AH/6-11 February 1988 CE, after studying fiqhi and medical research submitted to the Council concerning the issue of one person benefiting from the body parts of another, living or dead, has determined the following:
In the light of the discussions that highlighted the fact that this issue is something that come about as the result of by scientific and medical advances, with clear positive results that in many cases are accompanied by psychological and social harm if it is practised without shar’i guidelines and controls that protect human dignity and also seek to achieve the aims of sharee’ah which tries to achieve all that is good and in the best interests of individuals and societies and promotes cooperation, compassion and selflessness,
And after highlighting the main points of this topic whereby it may be discussed and categorized, the following was determined:
With regard to definition:
Firstly: What is meant here by ‘organ’ is any part of a person, be it tissues, cells, blood and so on, such as the cornea, whether it is still attached or has been separated.
Secondly: The use or benefit that is under discussion is a benefit that is dictated by necessity in order to keep the beneficiary alive or to keep some essential or basic function of his body working, such as his sight and so on, provided that the beneficiary is one whose life is protected by sharee’ah.
Thirdly: These kinds of benefit or use are divided into three categories:
(i) Transplant of organ from a living person
(ii) Transplant of organ from a dead person
(iii) Transplant from a foetus
(i) The first category, which is transplant of an organ from a living person, includes the following:
- Transplant of an organ from one place in the body to another place in the same body, such as transplanting skin, cartilage, bone, veins, blood and so on.
- Transplant of an organ from the body of a living person to the body of another person.
Organs in this case may be divided into those on which life depends and those on which life does not depend. With regard to those on which life depends, they may singular organs, of which there is only one in the body, or there may be more than one. The former includes organs such as the heart and liver, and the latter includes organs such as the kidneys and lungs.
As for those on which life does not depend, there are some that control basic functions in the body and some that do not. There are some that are renewed automatically, such as blood, and some that are not; there are some that have an effect on offspring and on the genetic makeup and personality of the individual, such as testicles, ovaries and cells of the nervous system, and some that do not have any such effect.
(ii) Transplant of an organ from a dead person
It may be noted that death falls into two categories:
1- Brain death in which all bodily functions cease completely and cannot be brought back medically.
2- Where the heart and breathing cease completely and cannot be brought back medically.
Both of these categories were discussed in the resolution passed by the Council in its third session.
(iii) Transplant from a foetus. Use or benefits in this case fall into three categories:
1- Where the foetus is aborted spontaneously (miscarriage)
2- Where the foetus is aborted deliberately by medical or criminal means
3- Where fertilization is done outside the uterus.
With regard to shar’i rulings:
-1-
It is permissible to transplant an organ from one place in a person’s body to another place in the same body, but attention must be paid to ensuring that the expected benefits outweigh any possible harm; that is subject to the condition that this is done to replace a lost organ or body part, or to restore its regular shape or function, or to correct a fault or remove a deformity that is causing the person psychological or physical harm.
-2-
It is permissible to transplant an organ from the body of one person to another if it is an organ that renews itself automatically, such as blood and skin. But attention must be paid to the condition that the donor be fully qualified and fulfil the shar’i conditions.
-3-
It is permissible to make use of organs that have been taken from the body of another person due to sickness, such as taking the cornea from the eye of a person whose eye has been removed due to sickness.
-4-
It is haraam to transplant an organ on which life depends, such as transplanting the heart from a living person to another person.
-5-
It is haraam to transplant an organ from a living person when its removal may cause an essential function to cease, even though his life does not depend on it, such as taking the corneas of both eyes. But if he will still have partial function after removing it, then the matter is subject to further discussion as we shall see below in section 8.
-6-
It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
-7-
It should be noted that the agreement on the permissibility of organ transplants explained above is subject to the condition that this is not done by selling the organs, because it is not permissible to subject human organs to sale under any circumstances.
As for the beneficiary spending money in order to obtain the required organ where necessary or offering compensation or honouring the donor, this is subject to ijtihaad and further discussion.
-8-
All cases having to do with this topic are subject to further research and discussion, and they should be studied and discussed in a future session in the light of medical data and shar’i rulings. And Allaah knows best.
Quoted from Resolutions of the Islamic Fiqh Council.
And Allaah knows best.
#32 Saqr
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Posted 19 March 2013 - 05:26 PM
The period in which you are dead is out of your bounds, you have no legal right to say what should happen to your corpse. In other words, while you may dispose of your organs as you see fit (within the rulings of Islam) when you are alive, you cannot extend that authority to the period of when you are dead. It's like transferring ownership of land, you can't 'permit' someone to take apples from land you sold to someone else - it's not in your jurisdiction to do so.
My second point, the general ruling regarding corpses is that we are not allowed to tamper with them, the fuqahah agree on this. Where they might differ is where it is necessary (dururah) to tamper, and necessity only arises in a situation where the decision to consume something Haram certainly saves one's life.From my understanding, the direct evidence of durarah applies solely to food, so there is no direct linkage between consuming forbidden food (e.g. pork) and organ transplant. Instead, one would have to draw an analogy (qiyas).
In the case of forbidden food, we know by certainty that food offsets starvation and death that results from starvation. In the case of organ transplant, we know (based on the current reality) that transplant does not certainly result in saving the life of the recipient. Of course, if the certainty emerges, then we have a slightly different story...
Slightly different because the thing you presented above only shed light on the permissibility of organ transplant after death, not post-mortem organ donation (whereby you make the call). As I said earlier, you can't make a call as to what should happen to your body after you die (except respectful burial). The decision to possibly harvest your body for organs is left to the authorities who are under the pressure of exercising dururah.
Edited by Saqr, 19 March 2013 - 05:28 PM.
#33 Sanguine
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Posted 26 March 2013 - 01:12 AM
I dont understand what exactly you are contesting? Is it the fact that our bodies are an amanah? Or the point that we can dispose it of only as per the rules laid down by Shariah?
Saqr:
While I agree with most of what you have said, I think the example you gave in the beginning does not befit here for the human body is not any property. Our bodies are a trust of Allah. It is for this reason that legal heirs of the deceased do not have any authority to donate organs of the deceased (since the body and the authority to dispose it of never devolved on them), though the knitty gritty is more or less the same.
Al-Quran 27:62.
"The test of courage comes when we are in minority, the test of tolerance comes when we are in majority”.
#34 gulmarg
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Posted 12 April 2013 - 08:57 PM
http://timesofindia....ow/19522654.cms
NEW DELHI: Sixteen-year-old Madhia Tariq from Pakistan had no hope of survival when she slipped into coma after collapsing in her school in Lahore in January due to acute liver failure. An air ambulance went from Delhi and brought her to the capital on February 2 - and back to life.
Madhia, who had developed hepatitis, underwent a successful liver transplant on February 3 at Indraprastha Apollo Hospital in the city where a team of 18 doctors operated upon her. Her brother Rizwan donated almost half his liver.
Dr Anupam Sibal, group medical director, Apollo Hospitals, said, "If the girl was not operated on time, she could not be saved. We completed all formalities in 48 hours."
According to Dr Subash Gupta, chief liver transplant surgeon at the hospital, it took 18 hours to conduct the donor and transplant surgery.
Madiha was discharged on March 6 but was staying in India for check-ups, said her brother Rizwan. "We are happy my sister has recovered and it has been great coming here. We have got tremendous support," he said.
The teenager is the 350th Pakistani to have undergone liver transplant at the hospital. Pakistanis form the second largest chunk of such patients to the hospital from any country other than India, said Gupta. In all, Apollo Transplant Programme has performed 1,252 liver transplants from 27 countries in the past 15 years.
#35 gulmarg
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Posted Yesterday, 09:49 PM
A transplant that won a Pakistani heart
When Moulana Mohammed Zubair Ashmi’s heart grew large, literally, and failed him, it was another large heart that replaced it. If hearts have nationalities, then the first was Pakistani, and the second, Indian.
The 51-year-old Pakistani religious teacher was diagnosed with a condition called ‘dilated cardiomyopathy’ where the heart is enlarged, becomes weakened and is unable to function well. Doctors had told him that his only option was a heart transplant.
“There is no facility for a transplant back home,” he says over video, still not completely up to hobnobbing with media persons. His folks did a search and contacted K.R.Balakrishnan, director, Cardiac Sciences, Fortis Malar Hospital, here.
He was critically ill even as he was flown to Chennai via Dubai from Lahore.To make matters worse, he was Hepatitis C positive.
Though he spent about two months in the ICU at the hospital, Ashmi’s condition continued to deteriorate. Doctors had to find a donor heart for him or put him on an artificial implant device. It turns out a donor became available in March. The family of a 37-year-old man who had met with a road accident and been declared brain dead, came forward to donate the organs.
“Even if there had been a delay of two days, we would have lost him,” says Suresh Rao, chief, Cardiac Anaesthesia and Critical Care, Fortis Malar. He goes on to explain that though the donor and recipient were of two different blood groups, the tissue mapping showed a good and viable match.
Pre- and post-transplant, Ashmi’s Hepatitis C viral load had to be brought down, the kidney damage managed, and immuno suppressant therapy had to be modified to suit the patient, Dr. Rao explains.
Traditional immuno suppressants affect the liver, and with an existing hepatitis C infection, extra care had to be paid to that, Dr. Balakrishnan adds.
“It is good government policy in Tamil Nadu that has facilitated a man from Pakistan to get a heart from Chennai. Goes to show that good policies have a major impact on promoting good health, not only locally, but globally too,” he says, further.
Maulana Ashmi is weak, but has gone back to talking at length. He would like to go home, to his family (his wife could not accompany him as she was denied a visa) and back to teaching in his mosque.
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