HUMAN ORGAN TRANSPLANTATION: A RESEARCH-BASED REVIEW OF CONTEMPORARY FIQHI ISSUES AND SCHOLARLY TRENDS

Abstract

In the modern era, human organ transplantation has emerged as a significant medical and jurisprudential issue. The remarkable progress of medical science has not only opened new avenues for treatment but also invited Islamic jurisprudence to engage in a renewed ijtihadi discourse regarding its permissibility and limitations. In allopathic medicine, organ transplantation has made it possible to treat patients once deemed incurable. Today, a blind person can regain sight through a donated cornea, dysfunctional kidneys and hearts can be replaced, and human life can not only be saved but preserved with dignity.Organ transplantation is not an entirely new concept; its roots lie deep in medical history. Grafting in plants and fruits is an ancient practice, and skin grafting in human’s dates back to around 1500 BCE. In the late 19th century, corneal and bone transplants began, and in the early 20th century, the renowned scientist Alexis Carrel successfully conducted experiments in full organ transplantation. However, a revolutionary advancement occurred in the 1960s with the development of immunosuppressive drugs, which significantly increased the success rate of transplant procedures by minimizing organ rejection.While these medical advancements have proven highly beneficial for human survival and well-being, they have simultaneously raised critical questions in Islamic jurisprudence: Is it permissible in Shari‘ah to donate, receive, or transplant human body organs? The present research provides a detailed and principled analysis of this question by examining the primary sources of Islamic law the Qur’an, Sunnah, Ijma‘ (consensus), and Qiyas (analogical reasoning) as well as other juristic tools such as Masalih Mursalah (consideration of public interest) and Qawaid Fiqhiyyah (legal maxims).The study explores how scholars from different schools of thought have addressed complex issues like the sanctity of the human body, the nature of ownership or trusteeship over one’s body, emergency situations, consent, the commercialization of organs, and organ extraction from deceased persons. The research also incorporates a critical review of fatwas and statements issued by major contemporary Islamic juristic bodies such as the Islamic Fiqh Academy, Dar al-Ifta Egypt, Al-Azhar University, and Darul Uloom Deoband. These sources collectively reveal that most modern scholars permit organ transplantation under specific conditions and within the framework of Islamic legal principles, provided that the dignity of the human body is preserved, voluntary consent is secured, and the higher objectives of Shari‘ah such as the preservation of life, intellect, and human benefit are fulfilled.This analysis serves as a testament to the dynamic and evolving nature of Islamic jurisprudence, which engages constructively with scientific advancements rather than rejecting them, offering solutions to modern human challenges in light of the timeless teachings of Shari‘ah. This research on organ transplantation not only presents a clear Islamic perspective grounded in religious principles but also responds to contemporary scientific and ethical challenges, thereby providing valuable guidance to the global Muslim community.

Keywords: Fiqhi Issues, Scholarly Trends, Immunosuppressive, Organ Transplantation, Qiyas, Commercialization, Advancements, Islamic Perspective, Simultaneously