20 June 2019
17 Shawwal 1440
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Human Organ Transplantation Treatment: Balancing between Interests & Harms

By Abdelghani Yahyaoui
0.779 kg

This book addresses the topic of “contrasting the interests and harm” (muwāzanat al-maṣāliḥ wa al-mafāsid) to the issue (al-nāzilah) of human organ transplants. It clearly establishes the complementarity between Islamic law (al-Sharīʿah) and medical practice, and proves Islamic law’s validity and effectiveness with contemporary issues. This book is unique and important in its field in discussing a current medical issue from the theoretical and practical perspective. The author provides valuable contributions on this topic grounded on maxims and objectives of Islamic law (qawāʿid wa maqāṣid al-Sharīʿah), as well as reporting the opinions of expert practitioners and medical doctors. By contrasting the interests and harm, the book resolves a number of crucial matters, such as: the extent to which medical treatment is a necessity (ḍarūrah)? Is it such that the unlawful may become lawful in the context? What is the position of Islamic law regarding a person donating their organs? Is brain death the end of life? Where are the interests and harm manifested, in benefiting from the organs of living or deceased donors for the purposes of medical treatment? This study is founded on a comparison between those interests and harms recognised in Islamic law, while taking account of current reality and expected developments, as well as measuring and recognising the consequences (al-maʾālāt). The author presents the topic in an introduction and two chapters. The introductory chapter discusses the general concepts included in the study; the first chapter clarifies the ruling on transferring organs from living donors, giving examples of the most prevalent organs transplanted, namely the kidney, part of the liver, skin, and bone marrow, while contrasting the interests and harm suffered by both donor and recipient. This study should alleviate the hardship (rafʿal-ḥaraj) from doctors and patients in particular, and society generally. The second chapter deals with the “ruling on organ transplant from the deceased”, due to its topicality and the urgent need for it to be addressed, at a time when there is a multiplicity of opinions and juristic efforts (ijtihād). The author discusses brain death at great length, from the medical and Islamic law perspectives. He gives examples of the most commonly transplanted organs, such as the heart, lung, pancreas, and cornea, clarifying the related ruling based on the medical perspective, the opinions in Islamic jurisprudence, objectives-based and legal theory maxims, and civil law.


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