Assalam Aleikum,
in terms of donation I quote:
In the answer to question regarding organ donation and its all forms: stated that the (scholarly) view that it is permissible to donate organs is most likely to be the correct view, so long as the donation will not lead to the death of the donor.
Here is quoteed resolutions of the Islamic Fiqh Council of the Organization of the Islamic Conference, which support the fatwa mentioned above. These resolutions were issued after lengthy discussions among a number of fuqaha’, doctors and specialists. We will quote them here in full because of the medical and shar’i information they contain.
In statement no. 26 concerning one person benefiting from the body parts of another, living or dead, it says:
The Islamic Fiqh Council which convened in the fourth conference in Jeddah in the Kingdom of Saudi Arabia from 18-23 Safar 1408 AH/6-11 February 1988 CE, after studying fiqhi and medical research submitted to the Council concerning the issue of one person benefiting from the body parts of another, living or dead, has determined the following:
In the light of the discussions that highlighted the fact that this issue is something that come about as the result of by scientific and medical advances, with clear positive results that in many cases are accompanied by psychological and social harm if it is practised without shar’i guidelines and controls that protect human dignity and also seek to achieve the aims of sharee’ah which tries to achieve all that is good and in the best interests of individuals and societies and promotes cooperation, compassion and selflessness,
And after highlighting the main points of this topic whereby it may be discussed and categorized, the following was determined:
With regard to definition:
Firstly: What is meant here by ‘organ’ is any part of a person, be it tissues, cells, blood and so on, such as the cornea, whether it is still attached or has been separated.
Secondly: The use or benefit that is under discussion is a benefit that is dictated by necessity in order to keep the beneficiary alive or to keep some essential or basic function of his body working, such as his sight and so on, provided that the beneficiary is one whose life is protected by sharee’ah.
Thirdly: These kinds of benefit or use are divided into three categories:
(i) Transplant of organ from a living person
(ii) Transplant of organ from a dead person
(iii) Transplant from a foetus
(i) The first category, which is transplant of an organ from a living person, includes the following:
- Transplant of an organ from one place in the body to another place in the same body, such as transplanting skin, cartilage, bone, veins, blood and so on.
- Transplant of an organ from the body of a living person to the body of another person.
Organs in this case may be divided into those on which life depends and those on which life does not depend. With regard to those on which life depends, they may singular organs, of which there is only one in the body, or there may be more than one. The former includes organs such as the heart and liver, and the latter includes organs such as the kidneys and lungs.
As for those on which life does not depend, there are some that control basic functions in the body and some that do not. There are some that are renewed automatically, such as blood, and some that are not; there are some that have an effect on offspring and on the genetic makeup and personality of the individual, such as testicles, ovaries and cells of the nervous system, and some that do not have any such effect.
(ii) Transplant of an organ from a dead person
It may be noted that death falls into two categories:
1- Brain death in which all bodily functions cease completely and cannot be brought back medically.
2- Where the heart and breathing cease completely and cannot be brought back medically.
Both of these categories were discussed in the resolution passed by the Council in its third session.
(iii) Transplant from a foetus. Use or benefits in this case fall into three categories:
1- Where the foetus is aborted spontaneously (miscarriage)
2- Where the foetus is aborted deliberately by medical or criminal means
3- Where fertilization is done outside the uterus.
With regard to shar’i rulings:
-1-
It is permissible to transplant an organ from one place in a person’s body to another place in the same body, but attention must be paid to ensuring that the expected benefits outweigh any possible harm; that is subject to the condition that this is done to replace a lost organ or body part, or to restore its regular shape or function, or to correct a fault or remove a deformity that is causing the person psychological or physical harm.
-2-
It is permissible to transplant an organ from the body of one person to another if it is an organ that renews itself automatically, such as blood and skin. But attention must be paid to the condition that the donor be fully qualified and fulfil the shar’i conditions.
-3-
It is permissible to make use of organs that have been taken from the body of another person due to sickness, such as taking the cornea from the eye of a person whose eye has been removed due to sickness.
-4-
It is haraam to transplant an organ on which life depends, such as transplanting the heart from a living person to another person.
-5-
It is haraam to transplant an organ from a living person when its removal may cause an essential function to cease, even though his life does not depend on it, such as taking the corneas of both eyes. But if he will still have partial function after removing it, then the matter is subject to further discussion as we shall see below in section 8.
-6-
It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs.
-7-
It should be noted that the agreement on the permissibility of organ transplants explained above is subject to the condition that this is not done by selling the organs, because it is not permissible to subject human organs to sale under any circumstances.
As for the beneficiary spending money in order to obtain the required organ where necessary or offering compensation or honouring the donor, this is subject to ijtihaad and further discussion.
-8-
All cases having to do with this topic are subject to further research and discussion, and they should be studied and discussed in a future session in the light of medical data and shar’i rulings. And Allaah knows best.
Quoted from Resolutions of the Islamic Fiqh Council.
And Allah Know best
Regarding cosmetic surgery
I quote:
Praise be to Allaah.
Cosmetic surgery may be divided into two categories:
1 – Essential surgery:
These are operations that are done to remove faults, such as those that result from sickness, traffic accidents, burns, etc. or to remove congenital defects with which a person was born, such as to remove an extra digit or separate fused digits, etc.
This kind of operation is permissible. There is evidence in the Sunnah to indicate that they are permissible and that the one who does them does not intend to change the creation of Allaah.
(i) It was narrated from ‘Arfajah ibn As’ad that he lost his nose in the battle of al-Kulaab during the Jaahiliyyah, so he wore a nose made of silver but it became putrid, so the Prophet (peace and blessings of Allaah be upon him) told him to wear a nose made of gold. Narrated by al-Tirmidhi, 1770; Abu Dawood, 4232; al-Nasaa’i, 5161. This hadeeth was classed as hasan by Shaykh al-Albaani in Irwa’ al-Ghaleel, 824.
(ii) It was narrated that ‘Abd-Allaah ibn Mas’ood said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) cursing those women who pluck their eyebrows and file their teeth for the purpose of beautification and change the creation of Allaah. Narrated by al-Bukhaari and Muslim.
Al-Nawawi (may Allaah have mercy on him) said:
With regard to the phrase “those who file their teeth”, this refers to those who did that for the purpose of beautification and looking younger. This indicates that what is haraam is that which is done for the purpose of beautification; but if it is needed for medical treatment or to correct a fault in the teeth and so on, there is nothing wrong with it. And Allaah knows best.
2 – The second type of cosmetic surgery is that which is done for the purpose of beautification.
These are operations that are done to improve the appearance in the eye of the beholder, such as making the nose look more beautiful by making it smaller, or making the breasts look more beautiful by making them smaller or larger, or facelifts, and so on.
This kind of surgery is not for any necessary reason, rather the purpose is to change the creation of Allaah and tinker with it according to people’s whims and desires. So this is haraam and it is not permissible to do it, because it is changing the creation of Allaah. Allaah says (interpretation of the meaning):
“They (all those who worship others than Allaah) invoke nothing but female deities besides Him (Allaah), and they invoke nothing but Shaytaan (Satan), a persistent rebel!
118. Allaah cursed him. And he [Shaytaan (Satan)] said: ‘I will take an appointed portion of your slaves.
119. ‘Verily, I will mislead them, and surely, I will arouse in them false desires; and certainly, I will order them to slit the ears of cattle, and indeed I will order them to change the nature created by Allaah’”
[al-Nisa’ 4:117-119]
The Shaytaan is the one who tells people to change the creation of Allaah.
See: Ahkaam al-Jaraahah al-Tibbiyyah by Shaykh Muhammad al-Mukhtaar al-Shanqeeti.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked:
What is the ruling on cosmetic surgery? What is the ruling on learning the science of beautification?
He replied:
Cosmetic procedures are of two types:
1 – Those which are done to remove a fault resulting from an accident etc. There is nothing wrong with that because the Prophet (peace and blessings of Allaah be upon him) gave permission to a man whose nose had been cut off in battle to wear a nose made of gold.
2 – Those which are unnecessary and are not done to remove a fault but rather to increase beauty. This is haraam and is not permissible, because the Messenger of Allaah (S) cursed women who pluck eyebrows, those who have their eyebrows plucked, those who fix hair extensions, those who have hair extensions done, those who do tattoos and those who have tattoos done, because that is done as an enhancement and is not done to remove faults.
With regard to the medical student who learns about cosmetic surgery during the course of his studies, there is nothing wrong with him learning that, but he should not do that in haraam cases, rather he should advise those who ask for that to avoid it because it is haraam. Perhaps if this advice comes from the lips of a doctor it will have more effect on a person.
Fataawa Islamiyyah, 4/412.
In conclusion:
If there is some defect in the nose and the purpose of the cosmetic surgery is to remove that defect, then there is nothing wrong with that.
But if the purpose is simply to make it more beautiful then it is not permissible to do this surgery.
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October 25, 2011, 08:49:14 PM