Organ Transplantation in Islam: Perspectives and Challenges

A special issue of Religions (ISSN 2077-1444). This special issue belongs to the section "Religions and Health/Psychology/Social Sciences".

Deadline for manuscript submissions: closed (15 July 2021) | Viewed by 26152

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Special Issue Editor

School of Humanities and Communication Arts, Western Sydney University, Locked Bag 1797, Penrith, NSW 2751, Australia
Interests: sociology of Islam; sociological theories; theories of social change; sociology of body and embodiment; research methodology; migration and migrant identity; globalisation; multiculturalism; social and religious movements; terrorism; counter-violent extremism; Islamic Revivalism; Muslim communities; Islamic studies; Shari’ah (Islamic Law); Muslim women and piety
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Special Issue Information

Dear Colleagues,

Organ transplantation in Islam as a treatment for otherwise fatal end stage organ failure is one of the most under-researched areas in Islamic theology and modern social sciences, namely, anthropology and sociology. This makes the topic rare and the question of how Islam deals with organ transplantation largely under-answered. This is further compounded by the fact that organ transplantation and organ and tissue donation are not specifically discussed in the Islamic scriptures, namely, the Qur’an and Hadiths (record of the traditions and sayings of the Prophet Muhammad). In fact, these two great texts of Islam are silent on the matter. 

Given the process of organ transplantation, particularly organ(s) removed from one body and transplanted into another, is a modern medical development born out of new medical and scientific accomplishments, Muslim scholars and jurists are only now beginning to come to grips with the question surrounding organ transplantation and organ and tissue donation in Islam. As such, Muslim scholars and jurists are not necessarily unanimous on the issue. Some consent to the permissibility of organ transplantation and organ and tissue donation, while others consider organ transplantation and donation to be prohibited in Islam, particularly the transplantation of an organ or organs from a cadaveric body into a live body. Then, there are some scholars and jurists who sit somewhere in the middle of these two positions. 

Nevertheless, in the current literature on organ transplantation in Islam, scholars and researchers often assert that the majority of Muslim legal scholars have arrived at the conclusion that organ transplantation and organ and tissue donation by living donors and from cadaveric bodies are permitted. The problem with such an assertion is twofold. One is that the literature downplays the significance of the anti-transplantation of organs and organ and tissue donation perspective. Second, the literature does not question the philosophical unpinning and methodological paradigms of Muslim scholars and jurists who support organ transplantation and organ and tissue donation.

An authoritative response to how Islam deals and manages organ transplantation and organ and tissue donation is very much in a formative phase. More robust intellectual and scholarly discussions and debates are needed. Organ transplantation and organ and tissue donation in Islam need to be examined and understood using theological knowledge, legal and jurisprudential principles, and social scientific approaches. This will assist in dispelling many myths and misunderstandings surrounding organ transplantation and organ and tissue donation in Islam. 

This Special Issue aims to explore fresh scholarship on the debates regarding organ transplantation and organ and tissue donation in Islam—not only describing the prevailing judgments made by Muslim scholars and jurists on the subject matter but also, and perhaps even more importantly, critiquing them by putting their ontological and epistemological methodologies, theological rationales, and legal and jurisprudential principles under scrutiny. To this end, scholars and researchers are invited to examine organ transplantation and organ and tissue donation in Islam from their respective areas of expertise and disciplinary fields.

The Special Issue invites contributors to consider:                                                             

  • Islamic perspective on organ transplantation and organ and tissue donation in modern medicine;
  • Islamic theological and legal–jurisprudential perspectives on organ transplantation and organ and tissue donation;
  • Contemporary Islamic and Muslim issues in organ transplantation and organ and tissue donation;
  • Social scientific analyses of organ transplantation and organ and tissue donation in Islam.     

Dr. Jan A. Ali
Guest Editor

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Keywords

  • Islam
  • Muslim scholars
  • Islamic theology
  • modern social sciences
  • Permissibility and impermissibility
  • Organ transplantation
  • Organ and tissue donation

Published Papers (7 papers)

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Editorial

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5 pages, 163 KiB  
Editorial
Introduction to Special Issue: Organ Transplantation in Islam: Perspectives and Challenges
by Jan A. Ali
Religions 2022, 13(3), 200; https://doi.org/10.3390/rel13030200 - 25 Feb 2022
Viewed by 1609
Abstract
It has been suggested that tissue and organ transplantation, as a surgical procedure to restore lost or mutilated body parts, is a centuries-old practice confirmed in an ancient Sanskrit text on medicine and surgery called the Sushruta Samhita in circa 600 B [...] [...] Read more.
It has been suggested that tissue and organ transplantation, as a surgical procedure to restore lost or mutilated body parts, is a centuries-old practice confirmed in an ancient Sanskrit text on medicine and surgery called the Sushruta Samhita in circa 600 B [...] Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)

Research

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15 pages, 1103 KiB  
Article
Are Online Fatwas Credible? A Critical Analysis of Fifty Fatwas on Organ Donation and Transplantation
by Salih Yucel and Ismail Albayrak
Religions 2021, 12(10), 902; https://doi.org/10.3390/rel12100902 - 19 Oct 2021
Cited by 2 | Viewed by 2492
Abstract
The cyber world affects many aspects of personal and communal life in our modern world. One significant form of this influence is the growing digitisation of religious understanding. This article will focus on one facet of this virtual religious discussion, namely the religious [...] Read more.
The cyber world affects many aspects of personal and communal life in our modern world. One significant form of this influence is the growing digitisation of religious understanding. This article will focus on one facet of this virtual religious discussion, namely the religious rulings of organ donation and transplantation in Islam. This study will emphasise that discussion of the credibility of online fatwas is a neglected area that deserves significant scholarly attention. It will examine the diversity and complexity of 50 online fatwas on organ donation and transplantation selected from various fatwa organisations, government bodies, and councils across 16 countries, which differ linguistically, ethnically, socio-culturally, and by religious orientation. This article has three main arguments. First, it argues that state appointed and controlled religious authorities who work under close scrutiny of the state lack credibility in their fatwas. This has especially been the case in the post-colonial period where authoritarian states have deprived many Muslim scholars of their scholarly freedom to produce independent fatwas. Secondly, the paper asserts that an absence of field experts in the fatwa-making process in such areas as medicine, psychology, law, and public policy has weakened the credibility of online fatwas. Finally, the online fatwas evidenced in this study shows little, if any, consideration of opposing views on organ donation and transplantation, further damaging the reliability of the rulings produced. Finally, the online fatwas evidenced in this study shows little, if any, consideration of opposing views on organ donation and transplantation, further damaging the reliability of the rulings produced. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)
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10 pages, 212 KiB  
Article
Applicability of Islamic Methodology Concerning Novel Issues to the Organ Transplantation in Religious Scholars’ Contemporary Discourse
by Faroque Amin
Religions 2021, 12(9), 670; https://doi.org/10.3390/rel12090670 - 24 Aug 2021
Viewed by 2167
Abstract
Classical Islamic theology has laid down a meticulous and intricate methodology of dealing with novel issues from theological perspectives; to understand and actualise religious viewpoints regarding any matter or event that did not take place during the early formative period of Islamic Shari’ah, [...] Read more.
Classical Islamic theology has laid down a meticulous and intricate methodology of dealing with novel issues from theological perspectives; to understand and actualise religious viewpoints regarding any matter or event that did not take place during the early formative period of Islamic Shari’ah, i.e., the lifetime of the Prophet (S.). During the later formative period, classical Islamic scholars developed several principles such as Qiyas (analogical deduction), Ijma’(consensus), Istihsan (public interest), ‘Urf (local norms) and so on, that all together would build the construct of the concept of Ijtihad (independent interpretation), and which would be carried out by competent religious scholars. Organ transplantation, of which organ donation is a conceptual component, is a contemporary issue that was not familiar among Muslim scholars in the early era. Therefore, it is the contemporary religious scholars’ responsibility to address this matter and bring Islamic judicial inference into the discussion. In doing so, some of the scholars differ in opinions. This paper aims to offer an introductory survey of the religious viewpoints on this issue, as presented by leading scholars from different schools of thought. This study will also include the judicial principles they have adopted in reaching those opinions. By doing so, this paper will introduce an overview of current and ongoing theological discourse on the matter of organ transplantation and donation. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)
8 pages, 208 KiB  
Article
Organ Donation in Islam: A Search for a Broader Quranic Perspective
by Tazul Islam
Religions 2021, 12(8), 647; https://doi.org/10.3390/rel12080647 - 16 Aug 2021
Cited by 2 | Viewed by 3303
Abstract
Organ donation is a widely debated issue in Islamic scholarship. Muslim jurists, however, have produced a substantial amount of evidence supporting its legality. Despite this, previous research has revealed that Muslim communities around the world are still wary of organ donation. The main [...] Read more.
Organ donation is a widely debated issue in Islamic scholarship. Muslim jurists, however, have produced a substantial amount of evidence supporting its legality. Despite this, previous research has revealed that Muslim communities around the world are still wary of organ donation. The main reasons for this attitude are motivational and educational in nature. To address these two problems, the purpose of this research is to look into the Quranic conceptual background, which could help to expand the justification of organ donation in the motivational context. This study investigated the Quranic verses that scholars have cited in their writings on organ donation and transplantation. The theoretical underpinnings for the use of those verses were deduced. Data were collected from 36 studies on organ donation that refer to Quranic verses and examined how those verses were analyzed. This study discovered that a number of Quranic verses were primarily used to justify the permissibility of organ donation, with little effort made to analyze the verses using specific methodologies dedicated to the Quranic texts. As a result, the outcome may not be helpful to solve the current dilemma which is Muslim communities’ reluctance to donate organs. Hence, it is important to explore a broad theoretical framework for organ donation based on the Quran. This study suggests how to bring this new perspective to the subject and overcome the existing problem. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)
16 pages, 277 KiB  
Article
Islamic Perspectives on Organ Transplantation: A Continuous Debate
by Jan A. Ali
Religions 2021, 12(8), 576; https://doi.org/10.3390/rel12080576 - 27 Jul 2021
Cited by 8 | Viewed by 6783
Abstract
From a medical perspective, as well as an ordinary human perspective, organ transplantation is often understood as a process through which health is restored to sick humans and, consequently, their quality of life improved. Organ transplantation is a medical surgical procedure carried out [...] Read more.
From a medical perspective, as well as an ordinary human perspective, organ transplantation is often understood as a process through which health is restored to sick humans and, consequently, their quality of life improved. Organ transplantation is a medical surgical procedure carried out by an expert or a team of experts who remove a failing or diseased organ or organs from the human body and replace it or them with a functioning organ or organs. With such positive portrayal of the process, organ transplantation is highly recommended and encouraged in modern medicine. However, in Islam, the Qur’an and hadiths—the two great texts of the religion—are silent on the subject. In other words, there is no discussion of the subject in the texts and, therefore, it is not clear whether organ transplantation is permissible or not in Islam. Thus, is organ transplantation an accepted modality of treatment that eliminates the patient’s agony from end-stage organ failure, remains an open-ended question. Whilst some Muslim scholars and jurists argue in favour of organ donation and transplantation, there are others who reject the practice as a breach of shari’ah. This paper posits that the subject of organ donation and transplantation in Islam is an unresolved matter without a ubiquitous consensus. The purpose of the paper is to educate the readers about the two key perspectives on the subject, and highlight that more research and a robust academic and sociological debate are needed to resolve the question of organ donation and transplantation in Islam. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)

Review

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20 pages, 918 KiB  
Review
A Gift of Generosity—An Explanation of Organ and Tissue Donation and Transplantation for Muslim Audiences
by Mohammad Abdus Sayek Khan
Religions 2021, 12(10), 815; https://doi.org/10.3390/rel12100815 - 28 Sep 2021
Viewed by 2656
Abstract
Diseased Organ and tissue donation and transplantation entails removing organ and tissues from someone (the donor) and transplanting them into another person (the recipient). Transplanting organs and tissues from one person hold the capacity to save or significantly improve the quality of life [...] Read more.
Diseased Organ and tissue donation and transplantation entails removing organ and tissues from someone (the donor) and transplanting them into another person (the recipient). Transplanting organs and tissues from one person hold the capacity to save or significantly improve the quality of life of multiple recipients. This is a rare opportunity for one to become an organ donor. In 2018, Australia had a population of 24.99 million. A total of 160,909 lives were lost that year; almost half of this death occurred in hospitals. However, a person may only be able to become a donor if their death occurs in a particular way and fulfils a defined set of special criteria—for example, while on the life support machine in an intensive care unit. Because of this, only 1211 people out of the large number of lives lost in 2018 were eligible to be potential organ donors. This is one of reasons we encourage everybody to consider the virtues of organ and tissue donation in any end-of-life discussion. Diseased organ donation occurs only when the clinician is certain that the person has died. The death is diagnosed by neurological criteria or by circulatory criteria which are discussed in detail in the article. This is an unconditional altruistic and non-commercial act. A large number of people are waiting on transplant list in Australia who are suffering from end stage organ failure; some of them will die waiting unless one receives an organ transplantation. Australians are known to be highly generous people. That is why 98% of Australian say ‘Yes’ to become an organ donor when they die. But in reality, only about 64% of families consent for organ donation on an average. There are widespread misconceptions and myths about this subject, mostly due to lack of information and knowledge. I have attempted to explain the steps of diseased organ donation in this article which, hopefully will be able to break some of those misconceptions. I have avoided to discuss living donation which is entirely a different subject. I have only touched on Islamic perspective of organ donation here as multiple Islamic scholars are going to shed lights here. We encourage everybody to ‘Discover’ the facts about organ and tissue donation, to make an informed ‘Decision’ and ‘Discuss’ this with the family. If the family knows the wishes of the loved one, it makes their decision-making process much easier during such a devastating and stressful time. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)
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11 pages, 261 KiB  
Review
A Review of the Rulings by Muslim Jurists on Assisted Reproductive Technology and Reproductive Tissue Transplantation
by Zachariah Matthews
Religions 2021, 12(9), 720; https://doi.org/10.3390/rel12090720 - 03 Sep 2021
Cited by 3 | Viewed by 5009
Abstract
Developments in organ donation and transplantation continue to generate controversy, especially in the field of reproductive medicine. Techniques used in assisted reproductive technology (ART), such as artificial insemination, in vitro fertilisation (IVF), gestational surrogate mothering and gender selection, continue to challenge conventional norms. [...] Read more.
Developments in organ donation and transplantation continue to generate controversy, especially in the field of reproductive medicine. Techniques used in assisted reproductive technology (ART), such as artificial insemination, in vitro fertilisation (IVF), gestational surrogate mothering and gender selection, continue to challenge conventional norms. The use of these techniques, as well as the transplantation of reproductive tissue such as ovaries and the testicles, for example, enables children to be conceived who may have no genetic or social relationship to one or more of their parents, biological or other. This generates religious, legal, moral and ethical dilemmas for many people, including Muslims, who tend to hold negative views about organ donation. Legal frameworks such as ijtihad (independent judgment) in conjunction with al-maqaasid al-shar’iyyah (the higher objectives of Divine decree) are assessed to review the available Sunni juristic rulings pertinent to the question, “what are the views of Muslim jurists about assisted reproductive technology and tissue transplantation given evolving implications for offspring and donors?” The review finds that a majority of Muslim jurists and juristic councils permit assisted reproductive technology and reproductive tissue transplantation with several conditions. Full article
(This article belongs to the Special Issue Organ Transplantation in Islam: Perspectives and Challenges)
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