In the previous blog, I touched on the fact that this ruling would not be applicable to non-Muslims. This may seem discriminatory i.e. how can we cut up a non-Muslim for organs, but not a Muslim?
Ayatullah Fadlallah deals with this quite powerfully in some of his works on the topic (1), where he argues:
• There is an Islamic law of how to deal with other religions: “Enjoin on them, by what they enjoin on themselves”, and “Followers of a religion are allowed to do what they believe in”
• He considers this point to be an example of true openness in Islam, because although Islam has its laws and structure, so do other religions.
• He points to the rule of marriage: “For every people is nikah, through which they are protected from zina”, which gives legality to marriage in other religions
• Therefore, according to those who do not consider the amputation of organs something that is against their moral values, rather they consider it a normal matter (unlike Islam which places a value on the issue of respecting the dead body), it is not an issue for them
I found this the best explanation of the apparently “discriminatory” issue i.e. that there was a potential issue to cut the body of Muslims but non-Muslims. Ayatullah Muhsini’s argument is based on the fact that the narrations are clear in their reference to Muslims but not to non-Muslims.
However, care must be taken – that in reality, even if the derivation of the law seems entirely logical and non-discriminatory, the end result does seem discriminatory. This is because Muslims are net recipients of organs from non-Muslims, with a clear law not to not allow Muslims to donate to non-Muslims. Doesn’t law have to not only be fair in theory but also in practice?
I do want to note, however, that Syed Fadlallah is different from many other scholars, because he does allow organ donation to non-Muslims (as explained in later blogs) – but he considers all options and explains things in a way that is easier to understand (hence the above!).
Now in the next blog, we will focus on the reality of the situation i.e. it is not just cutting the body of a Muslim – rather, it has several effects e.g. helping other people out and potentially saving another life. Therefore, the question is – what happens to this base position?
(1) http://arabic.bayynat.org.lb/marjaa/tabaroh.htm
Sunday, 18 March 2012
Saturday, 10 March 2012
Organ donation (3)
In the last blog, we looked at various narrations that said that it was Haram to cut the body of a dead Muslim. Most scholars, including Ayatullah Muhsini, infer from this, that the impermissibility of organ donation (because of the requirement to cut the body of a Muslim) is the base position.
(By base position, I mean that in the absence of any other arguments, is it correct to say that it would be Haram).
One might argue that this should not be the base position, as it is not even applicable today, because these narrations refer to mutilating bodies for fun/war. However, from a hadith studies perspective, this is a difficult argument to justify, because there is no textual and direct indication of this within the narrations. The way that traditional hadith studies works, is that if there is a general statement, in the absence of any qualifier (qarina), it is generalised to consider all situations. Therefore, the ahadith in the previous blog would seem to suggest the impermissibility of cutting the body of a dead Muslim for any reason (ceteris paribus!)
Now there are exceptions to this rule already available in the Shari’a, for example, when a foetus has passed away and the mother has also passed away before birth, then it is permissible to make an incision (shaqq) on the side to remove the child. Similarly, if an individual has swallowed an item, it is permissible to retrieve it by slitting open the dead body on the condition it is to redress a legitimate claim (i.e. it was previously usurped). It is not allowed for the heirs unless it was specified in the will. However, note that this only allows an incision (shaqq) not mutiliation (qat’) due to the respect given to the dead body (1).
In the next blog, we will discuss the apparent discriminatory attitude that is inferred from these narrations with regards to obtaining organs from the dead bodies of Muslims and non-Muslims.
(1) Islamic Bio Medical Ethics, Page 178-9 where Sachedina quotes from Tavakkuli, al-Tarqi wa zar’ al-a’da’. Note that Sachedina’s work is not focussed solely on Shi’i views, and is considered to be the first and pre-eminent work on the topic
(By base position, I mean that in the absence of any other arguments, is it correct to say that it would be Haram).
One might argue that this should not be the base position, as it is not even applicable today, because these narrations refer to mutilating bodies for fun/war. However, from a hadith studies perspective, this is a difficult argument to justify, because there is no textual and direct indication of this within the narrations. The way that traditional hadith studies works, is that if there is a general statement, in the absence of any qualifier (qarina), it is generalised to consider all situations. Therefore, the ahadith in the previous blog would seem to suggest the impermissibility of cutting the body of a dead Muslim for any reason (ceteris paribus!)
Now there are exceptions to this rule already available in the Shari’a, for example, when a foetus has passed away and the mother has also passed away before birth, then it is permissible to make an incision (shaqq) on the side to remove the child. Similarly, if an individual has swallowed an item, it is permissible to retrieve it by slitting open the dead body on the condition it is to redress a legitimate claim (i.e. it was previously usurped). It is not allowed for the heirs unless it was specified in the will. However, note that this only allows an incision (shaqq) not mutiliation (qat’) due to the respect given to the dead body (1).
In the next blog, we will discuss the apparent discriminatory attitude that is inferred from these narrations with regards to obtaining organs from the dead bodies of Muslims and non-Muslims.
(1) Islamic Bio Medical Ethics, Page 178-9 where Sachedina quotes from Tavakkuli, al-Tarqi wa zar’ al-a’da’. Note that Sachedina’s work is not focussed solely on Shi’i views, and is considered to be the first and pre-eminent work on the topic
Sunday, 26 February 2012
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
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
Saturday, 18 February 2012
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!
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!
Sunday, 12 February 2012
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!
• 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!
Sunday, 5 February 2012
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
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
Sunday, 29 January 2012
Harmonising contradictory narrations (the time for Salat al-Asr) - Part 5
We have so far looked at the technical issues explaining the best time to pray Dhuhr and Asr. However, there is one exception mentioned in this section of the work by Ayatullah Khui and that is what to do in the case of severe heat:
• Muwathaq narration of Zurara who said: “I asked Abu Abdullah (AS) about the time for Dhuhr in severe heat ….he said to him: ‘If your shadow is the same length as yourself, then pray Dhuhr, and if your shadow is like two of you, then pray Asr.’” (1)
And the way to harmonise between this narration and those that talk about one or two feet, is by considering this to be an exception/particularization to the general rule:
• In severe heat, in order to be able to pray free from fear and with your heart present and your soul content and to ensure you do not hurry your prayer, the fadila time is extended to when the length of the shadow is equal to your body length.
This is confirmed by a narration attributed to the prophet (SAW) (2). There is one other narration that also talks about the time of Dhuhr and Asr, and rather than talking about 2 or 4 feet, it talks about 1 or 2 fathoms:
• Narration from Muhammad ibn Hakim, who said: “I heard the righteous servant (AS) who said: ‘The first time for Dhuhr is midday of the Sun, and the end of its time is a fathom from midday. And the first time for the time of Asr is one fathom and the end of it, is two fathoms.’ I asked ‘Is it the same in the Winter and Summer?’. He said: ‘Yes’” (3). This is clear in putting the beginning of Asr at one fathom – making it clear it is at all times by it being the same in both seasons.
Given the lack of other evidence to corroborate this opinion (i.e. it is a fathom rather than a foot/cubit), we have to cast this narration aside and return its knowledge to its owners. This is due to the weakness in its chain due to Muhammad ibn Hakim who is not known to be trustworthy as well as the fact it contradicts all the previous narrations so can be set aside.
Or it is possible to attribute the word “fathom” to “cubit” as the author of al-Hada’iq has done, based on the narration of ibn Handhala who said:
• Abu Abdullah (AS) said to me: ‘the fathom and two fathoms are one cubit and two cubits in the book of Ali (AS)’” (4)
However, this attribution seems very unlikely and there is no direct relevance to this topic here as the attribution of fathom to cubit in the book of Ali (AS) does not mean it will have that meaning from Imam Musa ibn Ja’far (AS). Whatever the case may be, it is relatively unimportant, as we already know the narration has a weak chain of narration.
We have therefore concluded:
• Time to pray Dhuhr and Asr starts at midday
• Best time for Dhuhr is after praying Nafila prayers for Dhuhr after midday, with it ending at the time of Asr
• Best time for Asr is after praying the Nafila prayers for Asr, starting at 2 or 4 feet
In the next blog, we will discuss what this “feet” term means.
(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 13
(2) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 6
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 29
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 14
• Muwathaq narration of Zurara who said: “I asked Abu Abdullah (AS) about the time for Dhuhr in severe heat ….he said to him: ‘If your shadow is the same length as yourself, then pray Dhuhr, and if your shadow is like two of you, then pray Asr.’” (1)
And the way to harmonise between this narration and those that talk about one or two feet, is by considering this to be an exception/particularization to the general rule:
• In severe heat, in order to be able to pray free from fear and with your heart present and your soul content and to ensure you do not hurry your prayer, the fadila time is extended to when the length of the shadow is equal to your body length.
This is confirmed by a narration attributed to the prophet (SAW) (2). There is one other narration that also talks about the time of Dhuhr and Asr, and rather than talking about 2 or 4 feet, it talks about 1 or 2 fathoms:
• Narration from Muhammad ibn Hakim, who said: “I heard the righteous servant (AS) who said: ‘The first time for Dhuhr is midday of the Sun, and the end of its time is a fathom from midday. And the first time for the time of Asr is one fathom and the end of it, is two fathoms.’ I asked ‘Is it the same in the Winter and Summer?’. He said: ‘Yes’” (3). This is clear in putting the beginning of Asr at one fathom – making it clear it is at all times by it being the same in both seasons.
Given the lack of other evidence to corroborate this opinion (i.e. it is a fathom rather than a foot/cubit), we have to cast this narration aside and return its knowledge to its owners. This is due to the weakness in its chain due to Muhammad ibn Hakim who is not known to be trustworthy as well as the fact it contradicts all the previous narrations so can be set aside.
Or it is possible to attribute the word “fathom” to “cubit” as the author of al-Hada’iq has done, based on the narration of ibn Handhala who said:
• Abu Abdullah (AS) said to me: ‘the fathom and two fathoms are one cubit and two cubits in the book of Ali (AS)’” (4)
However, this attribution seems very unlikely and there is no direct relevance to this topic here as the attribution of fathom to cubit in the book of Ali (AS) does not mean it will have that meaning from Imam Musa ibn Ja’far (AS). Whatever the case may be, it is relatively unimportant, as we already know the narration has a weak chain of narration.
We have therefore concluded:
• Time to pray Dhuhr and Asr starts at midday
• Best time for Dhuhr is after praying Nafila prayers for Dhuhr after midday, with it ending at the time of Asr
• Best time for Asr is after praying the Nafila prayers for Asr, starting at 2 or 4 feet
In the next blog, we will discuss what this “feet” term means.
(1) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 13
(2) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 6
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 29
(3) Wasa’il, 4:133, Chapters on time, chapter 8, hadith 14
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