Organ donation (2)

In this blog, we will focus on the narrations that are relevant to extracting organs from a dead person. Of course, we know that there was no organ transplantation in that time, and therefore, these blogs will show how the scholars are able to look at a new topic using the insights from our textual sources.

In addition, the fact there was no organ donation in that time, means that there will not be a clear and absolute prohibition against it, so other methods/discussions are used.

In essence, these all point to the fact that amputating organs from a dead body is a disgrace/is haram. Firstly, I will look at the narrations chosen by Ayatullah Muhammad Asi al-Muhsini (1):

• Sahih of Jamil from more than one person from Abu Abdullah (AS) that he said: amputating the head of a dead person is worse than amputating the head of a person who is living.
• Sahih of Masma’ Kardayn who said: I asked Abu Abdullah about a man who cut the bone of a dead person? He said: the Haram of this, when it is concerning a dead person, is greater than if the person was alive (3)
• Sahih of Safwan who said: Abu Abdullah (AS) said: Allah disdains thinking about a mu’min, except good; and you cutting his [referring to Mu’min’s] bones, whether the person is alive or dead, is the same (4)
• Sahih of ibn Sinan from al-Sadiq (AS) about a person who cuts the head of a dead person, and he said: he has to pay diya, because it is forbidden when the person is dead in the same way as if the person is alive (5)

All of these narrations are considered sahih (good chain of narration), and given there are no qualifiers/exceptions/conditions, we might infer using the usul al-fiqh principle of itlaq, that the rule is a general rule i.e. it is Haram to cut the body of a Muslim full stop.

[Although Ayatullah Muhsini does not discuss this point here, I would like to just note that this rule is not applicable to non-Muslims as the general idea in Islamic law, is that it applies to Muslims only, and it is unfair to impose our practices on others.]

There are also a range of other narrations on this topic but they essentially say the same thing so I will not repeat them here (e.g. refer to (6)). In the next blog, we will analyse the importance of these ahadith in determining the base position of the various scholars.


(1) Al-fiqh wa al-masa`il al-tibbiyya by Ayatullah Muhammad Asif al-Muhsini, Issue 20: Rule of amputating organs of the dead person, Page 176-180
(2) Ahadith from Jami’ al-Ahadith, Volume 26, Page 497-9
(3) also in Was`il, v 19, page 351
(4) also in Was`il, v 19, page 351
(5) also in Wasa`il, volume 19, Page 248
(6) Wasa`il, chapter on diya

Organ donation (1)

In the next series of blogs, we will focus on an issue that was raised by one of the readers of this blog, as well as an issue that is very troublesome to many within the Muslim community – that of organ donation.

In recent times, many have attempted to encourage the Shii community in particular to give organs, but for a host of reasons, such initiatives have not been able to take off. One of these reasons, has been fiqh and/or the Islamic law.

In this blog, I would like to set up the issue by determining the key points of concern when it comes to donating an organ:

1. After death:
a. Is it allowed to operate on a dead body for the purpose of extracting organs?
b. Are there conditions associated with this?
c. Does it depend on the person receiving the organ?
d. Would these require a will?
e. Does the family have to consent?
(To keep things simple, I am currently ignoring the difficulties about determining when is death i.e. brain death or heart stopping…etc.)

2. Whilst living:
a. Does it depend on the type of organ – is this different to blood?
b. Does it depend on the person receiving the organ?
c. Can you charge for this?

In the following blogs, I will be using the following main sources:
• Al-fiqh wa al-masa`il al-tibbiyya by Ayatullah Muhammad Asi al-Muhsini – this seems to be one of the few works that is very thorough on not the law, but the reasoning behind the law
• Websites of prominent ‘ulema, where they are able to provide colour on their reasoning/rationale behind the law
• Some of the views of scholars in the field of Islamic bio-ethics

At the end of this series of blogs, I will look at the rulings of prominent ‘ulema, and hopefully it will be possible for you to understand why they have come to the conclusion they have come to – and see inside the mind of these scholars!

Following this, I might (if there is a desire from the readers), provide some of my personal thoughts on this issue, in particular with regards to the bio-medical ethical framework that some regard as necessary in this regard. However, in all of these blogs, I have normally not done this, so will only do so if people believe it is useful!

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 7

Now it is interesting to note how this analysis is borne out in the rulings of contemporary scholars

• Syed Seestani: “Minhaj al-Salihin” [3 volume Arabic version] (volume 1 of 3, p 168): this is exactly in line with the discussions in the blog, and one might understand this based on the fact that Syed Seestani’s rulings are in general, similar to Ayatullah Khui.

- Fadila for Dhuhr: midday to 4/7th shadow; although it is better to pray before 2/7th shadow
- Fadila for Asr: from 2/7th of the shadow to 6/7th shadow; although it is better to pray before 4/7th shadow
- If there is severe heat, then the Fadila time is extended to the length of the shadow or two

• Syed Fadlallah: “Fiqh al-Shari`a” [3 volume Arabic version] (volume 1 of 3, p 248):
- Fadila for Dhuhr: midday to 4/7th shadow
- Time of Fadila for Nafila of Dhuhr: as above
- Time for Jum’a is: midday to when the shadow is equal to the size of a person
- Fadila for Asr: from 2/7th of the shadow to 6/7th shadow
- Time of Fadila for Nafila of Asr: as above
- It is better to separate the prayers
- He does not mention anything specifically in this section about if it is too hot (and I confirmed that he does not consider there to be any difference in the severe heat through an email exchange with his office); nor does he mention anything about the preference to be 2/7th shadow


In summary, we can see the basis of these two scholars' rulings - and how they are able to deal with the apparently contradictory ahadith on the topic.

In the next series of blogs, we will look at a suggestion by one of the readers of this blog - organ donation! If anyone has any other suggestions, please get in touch!

Harmonising contradictory narrations (the time for Salat al-Asr) - Part 6

In this blog, we are focusing on what is meant by a foot or cubit (as everyone has a different size).

Consider the muwathaq narration of Isma’il al-Ju’fa from Abu Ja’far (AS):

• ‘He said: ‘The messenger of Allah (SAW) when the shadow of the wall was a cubit, he used to pray Dhuhr; and when it was two cubits, he used to pray Asr.’ I said: ‘Walls differ in size – some are short and others tall’. He said: The wall of the mosque of the messenger of Allah (SAW) used to be a fathom. (قامة) (1)

Based on this, if the wall is taller or shorter than one fathom, it is important to notice its shadow to ensure that the relationship between a foot and a fathom which is a seventh; like the relationship between a cubit to a fathom is two sevenths.

For those interested, the three terms are:
• Foot (قدم) = 1/7 of the shadow
• Cubit (ذراع) = 2/7 of the shadow
• Fathom (مثل or قامة) = the length of the shadow

Therefore, the time for Asr is at 2/7 or 4/7 of the length of the shadow.

In the next blog, we will look at the rulings of the various scholars on this topic.

(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 10