The Maximus of Necessity and Its Application to Organ Transplantation: An Islamic Bioethical Perspective

Islam is second largest religion being practiced around the globe. It is fastest growing believe and rapidly expanding in the western world despite several misunderstanding including Islamic standpoint on organ transplantation and tissue grafting. The objective of this study is to determine the Islamic view point on organ transplantation and tissue grafting with special reference pertaining to human needs under the ambit of Shariah doctrine of necessity and world religions. Since, Islam and other world religions have given immense consideration to humans whether they are alive or dead, and the desecration of human body is considered a violation sufficed to a great sin. Injunctions of the holy Quran and Sunnah have evidently expressed sanctity to human life/body. Hence, taking one’s life without a legal rights or even inflicting any sort of harm, injury, and aggression against an individual is terming an unlawful act. Notably, some scholars contended that, classical jurists’ are silent on the issue of organ transplantation predominantly the transfer of organs from one species to another species. But, in reality, our argument is that, the organ re-plantation can be seen in the Prophetic era. However, as per their view, the reason is obvious, since the organ transplantation associated with the advancement of science. Accordingly, the recent progress in transplant sciences were not totally known to the classical jurists, although, issues pertaining to the sale of human organs have been discussed by them (jurists). Similarly, many other innovative matters can be seen in Prophetic traditions, and that is why, as per jurist’s assertion, it can practically be traced in the Prophetic era.Consequently, this study argues that, the permissibility of organ donation and transplantation somehow mentioned in the main sources of Islamic law and biomedical ethics. Therefore, the basis and rules of permissibility will be derived while discussing organ transplantation, particularly in homo, allotransplant and other inter-related issues under the rubric of necessity doctrine.


Introduction
Indeed, Islam and other world religions have given immense attention to human's dignity, honor, and prestige whether they are alive or dead. The sanctity of human body is regarded in Islamic law, and the desecration of human body is considered a violation suffice to a great sin. Various verses of the holy Quran and traditions of the holy Prophet Muhammad (peace be upon him) have evidently uttered importance and sanctity to human life. 1 Thus, taking one's life without a right or even inflicting any sort of harm or injury, and aggression against an individual is terming an unlawful act as prohibited. In this respect, the last sermon of the holy Prophet (peace be upon him) is worth noting, that expressly denotes sanctity of human life and dignity; "verily, your blood, property, and your honor is sacred to one another". 2 , 3 , 4 Another Prophetic saying indicates that "breaking a dead (person's) bone is like breaking it when he is alive". 5,6 Consequently, in this way a dead person's bones have similar sanctity as to living person, hence, the Prophet (peace be upon him) has termed its breaking equal in sin. 7 On the other hand, organ donation and transplantation, common law generally allows almost all forms of organ transplantation, whereas Islamic law regards it, when it essentially saves one's life. 8 Thus, this paper emphasizes the Shariah stand point based on comprehensive study of the maximus of necessity as applicable in organ donation and transplantation and signifying important biomedical and bioethical issue.

I-The Concept of Organ Transplantation in Islamic Law
Factually, al-Shinqīṭī contended, after a thorough investigation of the classical manuals of the Islamic law and jurisprudence convincingly mark that, classical jurists are silent on the issue of organ transplantation and tissue grafting. 9 But, in reality, the organ re-plantation can be seen in the Prophetic era. 10 , 11 However, as per his (al-Shinqīṭī) view, the reason is obvious, since the organ transplantation associated with the advancement of science, particularly in the field of biomedical technology. Subsequently, the recent innovations and developments which took place some decades before were totally unknown to those classical jurists. 12 Although, al-Shinqīṭī asserted that, issues pertaining to the sale of human organs have been discussed by them (Jurists). 13 Nevertheless, in our humble opinion, the surgical techniques for skin, tissues and organ grafting, such as 'auto-grafting' or 'auto-transplantation' can also be seen in classical manuals. 14 Moreover, many other innovations, like surgery, cutting of organs and veins can be found in Prophetic traditions, and that is why it tracing back to the Prophetic era. 15 , 16 , 17 Indeed, Ibn al-Qayyim maintained that numerous Prophetic traditions defining permissibility of surgery etc. 18 Hence, the permissibility of organ donation and its transplantation somehow mentioned in the main sources of the Islamic law. Therefore, we need to bring some evidences from literature: allowing the permissibility of organ donation. 19 Since, we have got evidences from literatures of contemporary Muslim Scholars allowing the permissibility of organ donation. Moreover, there are also such evidence in Prophetic traditions (hadith). Thus, the basis and rules of permissibility will be quoted while we discuss organ transplantation, particularly in homo transplant (i.e. from human to human) and other inter-related issues.

II-A Brief History of Organ Transplantation
Remarkably, Albar in his research study contended that; 'Susruta Sanhit', an ancient Hindu surgeon described various methods for repairing defects of the human nose and ears through 'auto-grafts' 20 . He further stated that; "an old Indian document written in (700-BC), described elegantly the procedure which was emulated by the Muslim surgeons and later on by the Italian Tagliacozzi, 21  In 1902 'Emerich Ullmann', a Hungarian surgeon conducted his "first kidney transplantation, in which a dog's kidney was transplanted into another dog". 36 In the same year of 1902, 'Alexis Carrel', a French surgeon also published his work concerning organ transplantation's techniques. 37 The first 'renal xenografting'; cross species transplantation, appeared in France in the year of 1905; "where slices of rabbit kidney inserted into a 'nephrotomy' 38 in a child with renal insufficiency". 39 ii-

Transplantation of Pig's Kidney into Human
In the year of 1906, 'Mathieu Jaboulay', another French surgeon "transplanted the left kidney of a pig into a woman suffering from 'nephritic syndrome'; 40 however this graft failed due to early vascular thrombosis". 41 iii-

Cadaveric Organs Transplantation
First renal transplant inhuman was reported in 1936 by Russian Surgeon, where's a sixty years old deceased kidney was harvested and transplanted to 26 th years old lady with end stage renal failure. Actually she made a suicide attempt via swallowing mercury; however, the transplantation was declared unsuccessful. 42

IV-The Case of Allo/Homo Transplant
Allo/homo transplant means transplanting organ/s from one person to another. It is a process in which an organ is taken from one person for the purpose of implantation into another person. 47 Thus, organ transplantation and its donation stem from human to human may be divided into two types; first) the transfer of organ from living person to another living person; secondly), transfer of an organ from a cadaver to a living.

i-The Allowances and Prohibition in Transplantation
Bioethical boundaries must be observed while conducting transplant. Basically, organ transplantation and donation are permissible in Islam. This is because organ transplantation and donation fulfill the requirement in the preservation of human life, which is one of the five objectives in maqāsid al-Shariah (objectives of the Islamic law).
Organ transplantation is a facility made available to mankind as a means to overcome hardship faced by patients with end-stage organ failure. This is supported by the following Quranic verse: "Allah intends every facility for you He does not want to put you to difficulties". 48 Similarly, Islamic law permits one who is in an urgent situation to do the unlawful (harām) in order to eliminate the harm, he faces, under the condition that there are no other lawful options available. As said in the holy Quran: "...But if one is forced by necessity without willful disobedience, nor transgressing [the] due limits-then is he guiltless. For Allah is oft-forgiving [the] most merciful". 49 Thus, organ transplantation is an option allowed in Islamic law as an effort to save the patient's life or improve his/her quality of life. It was also derived from the Sunnah of the Prophet (peace be upon him) who allowed the prohibited to improve the quality of life of his companion. The story of 'Arfajah bin As'ad(may Allah be pleased with him) reported by the hadīth books, who said: my nose was cut off on the day of (the battle of) al-Kilāb during the Jāhilīyah, so I had a nose made of silver, but it began to smell bad, so (the issue was brought before) the messenger of Allah (peace be upon him) who told me to get a nose made of gold. 50

ii-Living Donors: A Case of Necessity
Living donor transplantation is a popular form, whereas, an organ (paired organ) or a part of it is harvested from a live donor without compromising the quality of the life of donor and transferred to a recipient, aiming at to life saving or improve the quality of life. The basis for organ donation and its transplantation is ultimately patient's immense need; a question of his survival to enhance the quality of life being a useful member of the society. Usually, justification for permissibility is advanced from the , "if(‫ًا‬ ‫يع‬ ‫َمِ‬ ‫ج‬ َ ‫اس‬ َّ ‫الن‬ ‫َا‬ ‫ي‬ ‫حْ‬ َ ‫أ‬ ‫ا‬ َ ‫م‬ َّ ‫ن‬ َ ‫َأ‬ ‫ك‬ َ ‫ف‬ ‫َا‬ ‫َاه‬ ‫ي‬ ‫حْ‬ َ ‫أ‬ ‫نْ‬ َ ‫)م‬holy Quran; it says: anyone saved a life, it would be as if he saved the life of the all (mankind)". 51 Correspondingly, the Islamic legal maxim: "deeds are judge by their purposes and goals", 52 along with the rule "harm has to be redressed", 53 which are based on the Prophetic traditions, signify that the theory behind organ donation and transplantation is exclusively an intention to save or improve the quality of one's life. Thus, an intention to help others is generally regarded in Islamic law.
Further, elimination of harm and its redressal is also a justifiable ground for organ transplantation in the context of preserving one's life, as one of the primary objectives of Shariah. 54 Al-Tantāwī in his legal paper quoted Jād al-Haq 55 view point on living person's organ donation in such way that: "if an expert physician whether Muslim or non-Muslim convincingly aver that an organ from the living body with his permission-(provided that cutting/transfer part of it, or all of it, will not originally entail any harm to the donor's health and body, since, 'harm cannot not be eliminated by harm' 56 in Islamic law)to transfer it to the patient's body for the purpose of treatment, and the transfer will benefit the recipient resultantly, then such transfer is permissible in Shariah". He further added that, factually Jād al-Haq considered permissibility of organ donation with the conditions that organ 'transfer will not be effected through sale', or any other 'material recompense', since, sale of person wholly or solely an organ is impermissible in Shariah, because the organ donor exercises a sort of legal administration over his-self within the constrain of the verses of the holy Quran. 57

ii.i-Donation of Sole Organ: An Intrinsic Ethical Concern
During the course of organ donation and transplantation, it must be noted that organ which is intended to be transferred from a living person to another must not be of those organs, if taken out from the living person's body or separated will lead him towards sudden death. Such as, the heart, liver (in total), and brain etc., Thus, sole/singleand likewise organs shall not be transferred/donated in any case.
One life cannot be sacrificed on the expense of another life or jeopardizing health of the other.
In addition, survival of life, its preservation and protection are the ultimate goal of Shariah.
Therefore, it is prohibited for a person to donate such types of organ to another person, even if other person (patient) is in threatening or dying condition, or even if it is established that he will die if he does not get transplanted organ. In this case the donors under obligation to abide by the rules laid down by the holy Quran, as clearly stated that; "and make not your own hands contribute to (your) destruction". 58 Another verse says: "nor kill-or destroy-yourself". 59 Surely, thinking of that verse which says "if anyone saved a life, it would be as if he saved the life of the all (mankind)" 60 does not apply in such situation, since priority must be given to one's own life, because "your soul has a right on you". 61 , 62 Thus, this is a justification to reject such kinds of donation if demanded or needed, for the reason that one's life and sound health cannot be compromised by suchdonations/transplantations are unethical in Islamic perspective and a Muslim physician cannot perform such transplants due to a golden rule, as harms cannot be removed by another harm, 63 in Islamic law.
Obviously, the above-mentioned verses and tradition emphasizes that person (donor) is under obligation to help not one anotherin evils, sin and transgression; rather he is required to help one another in matter of piety, virtues and righteousness. The holy Quran و‬ "help one another in righteousness and in piety; but help not one another in sin and transgression". 64 Consequently, surgeon/physicians and surgical staff are not allowed to perform this type of surgery. Because, by doing so their act suffices to cooperation in sin and evil. The above verse clearly indicates that their malicious act attributing to both the meanings of 'sin' and 'aggression'. Thus, in this sense it is not permissible for both (the donor and physician) to perform this type of surgery, 65 as physicians are duty bound towards donor and recipient. 66 Further, the scholars of the Islamic law, those who hold the view of permissibility of human organ transplantation and donation, factually have referred to the exclusion of such organs. Hence, they said that donation of such organs which are essential for perpetuation of life is prohibited, because it involves destruction of one's life/soul without legal rights. 67 Although organs which can be replaced, such as kidney, or when there is another alternative available, and transfer each one of the organs does not lead to donor's death, or harm to his life, for example, transfer of skin instinct to another person, and similarly one of the two body organs may be transferred. 68 Although, in our assessment, such decision to transfer/ donate one of his organs to another person (patient) is very risky in nature, and a healthy life cannot be compromised for a patient, since it does not make any sense. Because, this is one of the donor's private self-interest, and hence a self-deciding matter, since, a human is responsible for his own organs, and will be questioned about on the day of resurrection.

ii.ii-Opinion Regarding Organ/Tissue Donation and Transplantation: Necessary Conditions
Literally, whatever the legal edicts say on the basis of necessity; one can judge and decided an organ donation on the basis of his own reasoning. 69 , 70 So, in my humble opinion, it is preferable to avoid such type of donations outside family; however, within a family members and blood relations, minor risk taking is logical and reasonable. Therefore, contemporary scholars of the Islamic law and jurisprudence impose important precondition to donate an organ in case the maximus of necessity apply. 71 , 72 These conditions are as follow: First): organ donation might not harm the donor's health; it should not deteriorate the quality of the life of donor. Because a "harm cannot not be removed by harm; similar or greater", 73 is an established Shariah rule. It signifies that such donation if causing harm similar or greater in nature, the then organ donation would be considered as a suicidal act; which is strictly prohibited in Islamic law. 74 Secondly): organ donation must be voluntarily with free consent and without coercion. Any consent made under compulsion, coercion, or in result of any fear or threat to one's life or limbs will be considered an aggression as prohibited. 75 Thirdly): transplant is sole mean of provision of useful quality of life or life saving in case of transplant of vital organs; i.e.transplant is the only remedy available to treat the patient. Meaning thereby, if other alternative are available then transplantation is not a preferable method.Since, the life of a healthy person cannot be compromised mere on the basis of necessity. Because, "no harm is to be caused and none to be borne" 76 is established rule in Islamic law (Shariah). Further, Islamic law believes on the redressal of an injury/harm, but 'necessity/need must be determined/limited by the extent thereof'. 77 Thus, if other means are available, then "permissibility and permission based on excuses is revoked" 78 significantly indicates that principally mere excuse is not an excuse.
Fourthly): the principle of certainty states that, transplant process must be evidence based. It means that when there is certainty and enough evidences that organ donation and transplantation might restore patient's health, then it is permissible to donate an organ for transplantation. Although, organ donation is admirable and transplantation is commendable recital, however, in the best interest of the humanity, Islamic bioethics enacts these preconditions. 79

ii.i-Islamic View Point on Cadaveric Donations
On cadaveric transplant; al-Tantāwī, concludes that "procurement of an organ from a deceased to save the life of a living one is permissible". 82 While some of the scholars consider it as a continuing charity, like, Mokhtār al-Mahdī thought that-donation of an organ after death is a-"running (everlasting) charity"sadaqah jārīyah. In this sense his presentation embarking that the deceased donor not only saves one person, but rather many lives; the one who needed an organ to breathe a life, while the other would be the deceased itself, because it will benefit him after death rendering his reward continuous. 83 , 84 , 85 Further, one will advance al-Nawawī's argumentation, since in his view, 86 it is permissible for al-muḍtārr to kill harbī, apostate, adulterer and the one whose killing is lawful in revenge (qasas), out of necessity for the purpose to satisfy his hunger; 87 equally suffices that organ of the deceased can be used in transplantation to avoid greater harm. 88 , 89 Because, where al-muḍtārr in case of iḍtirār is allowed to kill a person in nemesis, or those women and children engaged in war, seems to be ma'sūm al-ḍam (whose blood is protected), just for the purpose to alleviate his hunger, then it is allowed to transfer an organ from the dead body for implantation, provided that the donor i.e. the deceased during his life must make a bequest for an organ donation after his death. Then definitely, organs may be transplanted to another living person waiting for a donation either to improve quality of life or to save his/her life.
Al-Qardāwī maintained that: "removing an organ from a corpse (dead body) does not violate sanctity of the deceased person, because its sanctity is preserved and has not been violated, since, the surgery which is done on cadaver is similar to the surgery of those who are alive, and that is with care, precision and respect". 90 Fawzī argued that Muslim jurist agreed the most that getting financial and other benefits from donation of human organ: cadaveric or life is not permissible. Mean that getting benefits from human organs, whether dead or alive, is impermissible. But, at the same time the approach of Shāfiʿī jurists' towards gaining benefits from the human dead body is obvious from al-Nawāwī's description maintaining that "the inviolability of the living person is more pressing than that of the dead, and the harms ensuing from eating the dead flesh is less than those entailed by his death". 91 Although, the established analogy renders it as impermissible on the basis of human dignity, however, if anyone is forced by necessity, then it is permissible to eat from the human dead body which is less harmful (i.e. the lesser evil) for survival of his life. Therefore, Fawzī concludes that; necessity for treatment through transfer of deceased organs is equal to the necessity which renders permissible to eat from the dead flesh. Thus, transplant of an organ from the deceased to the living person seems more beneficial for the purpose of another to breathe his life, and even with more than a greater reason, because eating from dead flesh consumes the part eaten for the purpose of preservation of life. Whereas, transplantation of an organ from the dead body preserve in the living person's body, and keep it alive by providing vital organs. 92 Moreover, al-Tantāwī, further argues from the contemporary juristic discourse on the deceased organ donation; he stated that Islamic jurists permit the harvesting of an organ from a deceased and transplant it to living to save the life or improve the quality of life on the condition that; if a competent physician firmly asserted that it will benefit the patient's health, keeping in view that if there is no other alternative available, provided that he should seek permission from the deceased heir(s), i.e. family members, or blood relatives. 93 However, if there is no heir(s), then permission should be taken from the official concerned i.e. 'public prosecution', government officerafter taking permission for organ harvesting from the family and legal heir(s). 94 He also added that, if a competent physician believes that the patient's life is solely dependent upon the transfer of an organ from the deceased body, then in the preview of Shariah rule: "a greater harm can be avoided by commissioning a lesser harm" 95 i.e. the lesser evil shall be opted, signifies that permission is not binding on the competent and reliable physicians in case if there is no heirs. 96 Because, saving one's life attributed to a greater detriment which is presented in shape of severe illness and the patient is expected to perdition. Whereas the lesser harm embodied in form of removal of an organ from the deceased, thus in this sense, the lesser harm of an organ harvesting from the dead body shall be borne for the purpose to treat another living person, because, the organ transplantation procedure conduce asserted benefits to the recipient's health and life, since, his life is contingent upon it. 97 He further stated that, actually their (i.e. contemporary scholars) argumentation is based on the point that majority of jurists consider permissibility to cut the abdomen of a deceased mother, or even at the time if she is approaching to death for the purpose to bring out the prospective living offspring. 98 In the same way, it is also permissible to incise the abdomen of a person aver death for the purpose to bring out the diamonds or any other valued things that he had swallowed before his death. 99 Al-Tantāwīconcludes that if transfer/donation of an organ by living person is permissible even along with the presence of an injury/harm that is likely to be inflicted to the donor's health, then we should permit transfer/donation of the deceased organs, and even with greater reason where no harm is inflicted nor expected due to organ transfer from the dead body. 100

V-The Issue of Organ Donation to a Non-Muslim
Normally, Muslims somehow feel uneasy while donating organs to non-Muslims and receiving from them, believing on the sanctity of organ donation to non-Muslim, since, Muslims feel that 'religious affiliation might influence the purity of human He, (al-Qardāwī), therefore added that 'it is prohibited to donate organs to those non-Muslim who launch an intellectual war against Muslims'. He also extends his views to those non-Muslim (apostates) who are involved, or those who aggressively working hard on their agenda against Muslims to crumble Muslim ummah. In such case it is not permissible for Muslims to donate organs to the above mentioned non-Muslims. 111 As far as criterion of its distribution is concerned; the donated organs by Muslims should go; first) to their blood relatives (i.e. family members); secondly) to a non relative Muslims (i.e. closed friends, or those known to them); and thirdly) to non-Muslims'. 112 However, prioritization can be accepted in one or the other country based on clinical and faith requirements.

VI-If an Organ Recipient Committed a Crime or Sin
Questionably, where if an organ recipient commits any crime, or major sin/s, or any other sinful deed/s or wrongdoing/s, such as killing someone unlawfully, or committing adultery, or any other malicious act/s, then he/she (i.e. the donor) will be responsible for the action and sinful act/s committed by him or her? Noticeably, the donor might feels uneasy in this situation thinking of that he will be an accomplice in such malicious acts. However, the principal of intension applies here which clearly states that a donor did not have any intention to improve the quality of life of recipient by donating organ to him; enabling him to indulge in sleaze of any sort including disobedience to his parents, what to say about committing disobedience to Almighty Allah.
Ethically and legally a donor of an organ does not bear the responsibility of the recipient's deed in any means including offense of any sort. The Islamic ruling on such issues is very obvious. The holy Quran explicitly acknowledged that: و‬ "and no soul earns (an evil or sin) except against itself; nor does a bearer of burden bear the burden of another". 113 Similarly, another verse says:(‫َا‬ ‫ْه‬ ‫ي‬ َ ‫َل‬ ‫ع‬ َ ‫ف‬ ‫َاء‬ ‫س‬ َ ‫أ‬ ‫نْ‬ َ ‫م‬ َ ‫و‬ ِ ‫ِه‬ ‫س‬ ْ ‫ف‬ َ ‫ِن‬ ‫ل‬ َ ‫ف‬ ‫ًا‬ ‫ِح‬ ‫َال‬ ‫ص‬ َ ‫ل‬ ‫َمِ‬ ‫ع‬ ‫نْ‬ َ ‫,)م‬ "who so does a good deed, does it for his own soul; and whoso does wrong, does so to its detriment". 114 While, another verse also invoking similar kind of contention, it says:( ‫َتْ‬ ‫َب‬ ‫َس‬ ‫ْت‬ ‫اك‬ ‫ا‬ َ ‫م‬ ‫َا‬ ‫ْه‬ ‫ي‬ َ ‫َل‬ ‫ع‬ َ ‫و‬ ‫َتْ‬ ‫َب‬ ‫َس‬ ‫ك‬ ‫ا‬ َ ‫م‬ ‫َا‬ ‫ه‬ َ ‫,)ل‬ "every soul receives whatever it gains and is liable for whatever it does". 115 Therefore, a donor is not liable legally, morally and spiritually for the deeds of the recipient of his organ. Anyhow his donation is highly valued before Almighty, depending upon his purity of intents.

VII-Opinio-Juris
Juristically, organ transplantation becomes lawful due to necessity, 116 in Islamic law (Shariah). However, in normal and ordinary circumstances the standard view is basically otherwise (prohibition), due to general rule that the donor must not be afflicted with any harm similar or greater in nature. Since, in Islamic law "a harm cannot be removed by other harm; equal or greater". 117 However, necessity renders transplantation and organ donation allowable and endurable. 118 Notably, the response of contemporary Islamic scholars including Islamic fiqh academies, fatāwás (legal edicts) and fatwá councils pleasingly allow tissue transplantation and grafting in the best and larger human interest, provided all ethical, spiritual and legal restrictions are taken care off . 119  ‫م‬ َ ْ ‫ال‬ َ ‫,و‬ 'the sale and purchase of all human-body parts is permitted, since, sale and purchase of slaves is permissible'. This is however, a weak and exceptional opinion and cannot be quoted as general rule, although it is allowed only in case of necessity. He further stated that: و‬ ( ‫وكٍ‬ ُ ‫ل‬ ‫َمْ‬ ‫م‬ ِ ‫,ب‬ 'even though, the sale and purchase of free men is unlawful (which suffices that the sale of their organs is also prohibited), because they cannot be owned. As they are not salves, and therefore they are excluded from the head of sale and purchase. Moreover, the reason of prohibition of-the organs of free men-in view of Ibn Qudāmah is that: 120 Meaning thereby, if its benefit is established, then it can be sold and purchased. Because, the rationale of prohibition is only upon the issue of benefits, seeing at that time (classical era) it may not be deem beneficial, but today it conduces benefits to those who are waiting for such donations. Hence, in this way, the rule of permissibility will stand intact on the condition of donor's free consent. Therefore, the donor, in case of necessity can sale and (the recipient) purchase organs with free consent without any compulsion. Conversely, since, rationally and legally the rule of prohibition is a very valid arguments of Muslim jurists against such ruling derived from the facts: slaves and their ownership which discouraged in Islamic theology as "non-can make a free person his slave" can be materialized without prejudice. Secondly, the rich can exploit poor by purchasing their organs, bodies etc., and even can forcefully procure their organs.
Likewise, Shāfiʿī's and Hanbalī's jurists consider "the sale and purchase of human organ as allowed", while the Ḥanafī's "allow it in case of necessity". 121 The reason of Ḥanafī's countenance is obvious from the sale and purchase of pig's sources, such as hair and skin cannot be sold and purchased, in their view, except for need and necessity; which renders it permissible. Ibn al-Humāmal-Ḥanafīstated: if it is not obtainable otherwise by purchase, then, it can be acquired through purchase on the basis of necessity and need'. 122 Hence, in our understanding, same is the case with the human organs, tissues, and other living cells, keeping in view the Ḥanafī's assertion in the sale of mother's milk for quid pro quo or payment deeming it as a body particle ( ِ ّ ‫ي‬ ‫َمِ‬ ‫د‬ ْ ‫ال‬ ُ ‫ء‬ ‫زْ‬ ُ ‫ج‬ ُ ‫ه‬ َّ ‫ن‬ َ ‫.)لِ‬ 123 While the slave girl is an exception too (ِ ‫ة‬ َ ‫م‬ َ ْ ‫ال‬ ِ ‫َن‬ ‫ب‬ َ ‫ل‬ ُ ‫ْع‬ ‫َي‬ ‫ب‬ ‫وزُ‬ ُ ‫َج‬ ‫,)ي‬ and allowed (for all without any exception) if it, otherwise, prove cure or for meditational purpose )و‬ Therefore, in this way, organs can also be sold and purchased on the basis of human need and necessity, provided if there is no other alternative available. 124 Meaning thereby, if a person willingly and freely wants to sale his organs to patients on payment (non-gratuitously), such shall only be acceptable in case of necessity. As,normally, human body is not a commodity, and sale and purchase of the human organs is never allowed by any Islamic scholar except in Shariah maximus of necessity. Resultantly,this kind of allowance is only for those (poor) who want to sale their organs to patients, in case of necessity and seversneed, not only desirous to help others (patients) but rather want to testify and elevate their hunger in a lawful manner. But, interestingly, this kind of opportunity is prone to open a slippery slope for organ traders, so should be practiced with monitoring under national and international human rights authorities keeping in view the Islamic bioethical norms.

VIII-Conclusion
Resultantly, the research study clearly demonstrates that organ donation and transplantation is allowed within the strict ethical boundaries viewing the Shariah maximus of necessity and need, where there is no other legitimate alternative available to the patients/recipients. Shariah allows organ donation and transplantation within Islamic bioethical restrictions. Donation and transplantation of vital organs jeopardizing the health and life of donor is prohibited in Islamic theology. Although, it is allowed otherwise as per Shariah and law after the death on bequest or in case of double organs by living in order to improve the quality of patient's life like kidney, cornea (eye), or other tissues e.g. skin, bone marrow, intestine and etc., meeting the necessity maximus requirements. However, it must be kept in mind that, mere necessity or non-necessity cases may not be considered as necessity situationsin order to avert the abuse of Shariah doctrine of necessity. Nevertheless, certain organs or tissues though allowed in western context but not allowed due to sanctity in Islamic law like those organs or tissues carrying genetic materials. 125 , 126 Therefore, both the donors and recipients/patients are required to be well aware of the rules, conditions and caveats related to organ donation and transplantation. Similarly, it is essential for them not to considered mere necessity situations as a free license to act otherwise of the standard rules. But rather, Shariah doctrine of necessity and its application in organ donation, tissue grafting and organ transplantation must be correctly conceived and practiced by donors, recipients, physicians and institutions where such procedures are conducted. Islamic bioethics clearly underscored the correct understanding of all emerging situations and their resolution according to divine guidelines.

Competing, Financial Interests:
The authors declared that they have no competing financial interests.

Contribution of Authors:
FD perceived, conceived and designed the study, while MMS participated in its design and helped FD in critical review. FD solely did data collection and its analysis. FD did manuscript writing & drafting.FD did editing and incorporated reviewers suggestions. AKA did final review of the manuscript. FD takes responsibility/accountability for all aspects of work in ensuring that queries related to the integrity of the study are appropriately investigated and resolved. All the authors read and approved the study. com/the-concept-of-m…amic-perspective/. 11 The hadīth books reported that a companion ('Arfajah bin As'ad) "whose nose was cut-off at the battle of al-Kilāb, so he got a silver nose, but it was afflicted with an infection, then issue the brought before the Prophet (peace be upon him), and he (the Prophet) ordered him to get a gold nose instead of a silver". This shows that the concept of replacement of organs by inorganic form was practiced at the time of the Prophet. Similarly, permission of using gold to men for tying teeth and for likewise cases out of necessity, evidently demonstrates that organ replacement and surgical techniques were present in classical era. But, the concept of organic organs trans-plantation cannot be seen at that time. (The difference between 'organic' and 'inorganic' is that 'organic organs' are those organs: "which related to, or derived from, or having properties or characteristic of a living organisms" such as bodily organs, etc. Whereas 'inorganic' organs: "which lack the properties or characteristic of living organisms" such as metal, plastic, etc). Thus, inorganic form of organ replacement is evident in the Prophetic era, but the organic replacement had not been observed.