But since there is no evidence, then it doesn't matter either way. And show me where God asks humans for their body parts.
My personal feelings are that I like my body to be intact in the grave. It is not my will, it's just the way I want things to be. I act on my stance when obviously, an organ donation is necessary.
ghoklebutter
There is evidence here:
The interplay between social and religious factors can be seen in the special status accorded in Islam to the dead. Death of the physical body called for specific rites of ritual purification involving washing and shrouding, and essentially inspired by references in the Qur'an to the 'torment of the grave', it was discussed whether or not a person can continue to feel pain after death. It was believed that on the Judgment Day the dead will be raised in their physical bodies, and in the condition in which they had passed from the physical world. A famous example is the tradition of the Prophet stating that those who die in the holy war (jihad) will appear before God still bearing their wounds, which will, however, smell as sweet as musk.
from here:
http://www.answers.com/topic/islam-and-the-body
And some more evidence here (with an interesting bit about that jurisprudence you like) :
a) The first and foremost is that Allah Almighty has honoured the human. Allah Most High says: "And verily we have honoured the children of Adam" (Surah al-Isra, V.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).
Allah Almighty made humans the best of creations and created everything for their benefit. Allah Most High Says: "It is He, who has created for you all things that are on earth." (Surah al-Baqarah, 2.29).
Thus, it is permissible for a human to take benefit from every creation of Allah which includes animals (under certain conditions), plants and inanimate things. As such, it would be unreasonable to place humans in the same category of the above things by giving permission to use parts and derive benefit out of their body that necessitates cutting, chopping and amputating parts of the body. This is certainly unreasonable and unlawful on a human body.
A very famous Hadith prevents the usage of human parts. Sayyida Asma bint Abi Bakr (Allah be pleased with her) narrates that the Messenger of Allah (Allah bless him & give him peace) said: "Allah's curse is on a woman who wears false hair (of humans) or arranges it for others". (Sahih Muslim, no. 2122).
Imam Nawawi (Allah have mercy on him) writes in the explanation of this Hadith: "If human hair is used, then it is unlawful by consensus, whether it's the hair of a man or woman, because of the general narrations that prohibit this. And also, it is unlawful to take benefit from the hair and all other organs of a human body due to its sanctity. The hair of a human along with all his body parts must be buried". (Commentary of Sahih Muslim by Nawawi, p. 1600).
The Jurists (fuqaha) have stated that in the case of extreme necessity and when there is no alternative available, even unlawful things, such as pork and alcohol, become permissible. However, even in such a situation, consuming or deriving benefit from a human body still remains unlawful.
It is stated in al-Fatawa al-Hindiyya: "If a person feared death due to hunger and another person said to him: "Cut my hand and consume it" or he said: "Cut a part of me and eat it", it will be unlawful for him to do so. Similarly, it is impermissible for a desperate person to cut part of his own self and eat it". (al-Fatawa al-Hindiyya, 5/310).
Allama Ibn Abidin (Allah have mercy on him) explains: "Because the flesh of a human remains unlawful even in forceful situations". (Radd al-Muhtar, 5/215)
Imam Ibn Nujaym (Allah have mercy on him) states: "It is impermissible for the one who is dying out of hunger to consume the food of another person who is also dying out of hunger; neither will be permissible to consume any part of the other person's body". (al-Ashbah wa al-Naza'ir, p. 124).
The Fuqaha have also stated that if one was compelled by force to kill another human, it will not be permissible, even if his own life was in danger. (See: al-Kasani, Bada'i al-Sana'i, 7/177 & Ibn Qudama, al-Mugni, 9/331).
Imam al-Marghinani (Allah have mercy on him) states regarding the sanctity of a human: "It is unlawful to sell the hair of a human, as it is (unlawful) to take benefit out of it, for a human is honoured and sacred, and it is not permissible to disgrace any part of a human's body". (al-Hidaya 4.39)
A human body is sacred even after his/her death. The Messenger of Allah (Allah bless him & give him peace) said: "Breaking the bone of a dead person is similar (in sin) to breaking the bone of a living person". (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad).
The great Hanafi jurist and Hadith Imam, Abu Ja'far al-Tahawi (Allah have mercy on him) writes in the explanation of this Hadith: "The Hadith shows that the bone of a dead person has the same sanctity and honour as the bone of living person". (Mushkil al-Athar).
In another Hadith it is stated: "Harming a believer after his death is similar to harming him in his life". (Musannaf of Ibn Abi Shayba).
Also, the books of ****cal scholars are full with examples indicating the impermissibility of deriving benefit out of a human body due to it being honoured.
In conclusion, the human body, dead or alive has great significance. It is honoured and sacred, and because of the sanctity that is attached to it, it will be unlawful to tamper with it, cut parts of it or dishonour it in any way.
b) The cutting of and tampering with a human body amounts to mutilation and deformation of a divinely created body (muthla), which has clearly been prohibited in Shariah.
Qatada (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) used to encourage giving in charity and prevent Muthla". (Sahih al-Bukhari, 2/206)
In another Hadith, the Messenger of Allah (Allah bless him & give him peace) said: "Abstain from Muthla". (Sahih Muslim, 2/82).
This is also supported by the verse of the Qur'an, where Allah Allah Almighty mentions the words of Shaytan, when he said: "I will mislead them and I will order them to slit the ears of cattle, and to deface the (fair) nature created by Allah" (4: 119).
To deface the fair nature created by Allah, both physically and spiritually, is what Shaytan likes and orders to practise.
As far as the permissibility of blood transfusion in cases of need is concerned (See below, for the ruling on blood transfusion and donation, which was posted earlier), it does not necessitate the cutting of human parts or any surgical procedures on the body, rather it is drawn and transfused by means of injection, thus it is akin to human milk that is extracted without any surgical procedures.
c) The human body and parts are not in our ownership in that we may fiddle with them as we desire. 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.
d) It is unlawful for an individual to inflict harm upon himself or others. The Messenger of Allah (Allah bless him & give him peace) said: "It is unlawful to inflict harm upon your self and others, (la dharar wa la dhirar)". (Mustadrak of al-Hakim)
The famous principle states: "Harm can not be removed by a similar harm" (meaning, in order to remove harm from another individual, it is impermissible for one to harm himself)". (Ibn Najaym, al-Ashbah, P. 123).
Therefore, it will be impermissible for a living person to donate part of his body due to it being harmful for him.
e) The principle of Islamic jurisprudence states: "When the evidences of prohibition conflict with the evidences of permissibility, preference is given to prohibition". (Ibn Nujaym, al-Ashbah wa al-Naza'ir).
In view of the above and other evidences, according to this group of scholars, it is unlawful to transplant organs, whether it be of a living person or a dead body, and whether there is a need or otherwise. In other words, there is no permissibility whatsoever for the transplantation or donation of organs.
Log in to comment