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

  • Fazli Dayan Assistant Professor, Department of Shariah& Law, Faculty of Religious and Legal Studies, Islamia College University, Peshawar, Khyber Pakhtunkhwa, Pakistan
  • Mian Muhammad Sheraz Department of Law, IIU, Islamabad, Pakistan
  • Abu Kholdun Al Mahmood Prof. & Head Department of Biochemistry, Ibn Sina Medical College, Bangladesh
  • Sharmin Islam Associate Professor, Eastern University, Bangladesh
Keywords: Organ Transplantation, Homo Transplant, Allotransplant, Auto-grafts, Allograft, Xeno-grafts, Cadaveric Organs, Organ Recipient, Objectives of Shariah, Organ Donation and Islamic Law

Abstract

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.

Bangladesh Journal of Medical Science Vol.20(3) 2021 p.511-524

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Abstract
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PDF
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Published
2021-04-04
How to Cite
Dayan, F., Muhammad Sheraz, M., Mahmood, A. K., & Islam, S. (2021). The Maximus of Necessity and Its Application to Organ Transplantation: An Islamic Bioethical Perspective. Bangladesh Journal of Medical Science, 20(3), 511-524. https://doi.org/10.3329/bjms.v20i3.52792
Section
Review Article