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المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: مراد، مصطفى عبدالكريم محمد (مؤلف)
المجلد/العدد: ع17
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2014
التاريخ الهجري: 1435
الشهر: إبريل
الصفحات: 190 - 236
رقم MD: 593459
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
مواضيع:
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المستخلص: One of the new medical methods which have proved their curative efficacy is organ transplantation. This study deals with organ transplantation from the Is¬lamic legal perspective. It Is divided into two parts: The first part entitled "Chapters on organ transplantation" comprises seven chapters as follows: 1-The ruling on autotransplantation i.e. transplanting an organ from one site to another in a living individual's body. 2-The ruling on transplanting single organs from one living human to another. 3-The ruling on non-gratuitous non-single organ transplants from one living hu¬man body to another. 4-The ruling on gratuitous non-single organ transplants from one living human body to another. 5-The ruling on cadaveric transplants. 6-The ruling on transplanting reproductive organs. 7-The ruling on xenotransplantation. The second part "Related issues" comprises four chapters as follows: 1-The ruling on blood transfusion. 2-Stem cell transplants. 3-Brain death. 4-The ruling on reattaching organs severed as a result of hudud (prescribed legal punishments) and qisas (retribution). The following conclusions were reached: 1-The permissibility of autotransplantation in a case of darurua (necessity) or haja (need). The ruling however differs for what is considered to be tahsiniyat (enhancements) according to each particular case. 2-The Impermissibility transplanting single organs from one living human body to another. 3-The impermissibility of non-gratuitous non-single organ transplants from one living human body to another and the permissibility of transplanting them for free based on specific criteria. 4-The permissibility of human cadaver transplants based on specific criteria. 5-The impermissibility of transplanting reproductive organs which lead to line¬age confusion. 6-The permissibility of benefitting from the organs of animals that are consid¬ered pure (those whose flesh is lawful for consumption and which are slaugh¬tered in the Islamic legal manner) and the Impermissibility of benefitting from the organs of animals that are considered impure (carrion of animals whose flesh is lawful for consumption or animals whose flesh is unlawful for consump¬tion regardless of the manner of slaughtering). 7-The permissibility of blood transfusion through donation and the impermis¬sibility of compensated blood transfusion. 8-The permissibility of receiving and benefitting from stem cells for curative purposes or for permissible scientific research provided this does not harm the donor. The impermissibility of receiving stem cells through unlawful means. 9-In Islamic law, death is not determined except when the soul leaves the body and by the appearance of certain signs that signify certain death. Doubt and near certainty do not suffice in the determination of death. It is stipulated that for the permissibility of cadaveric transplantations, it is necessary that the do¬nor's death be ascertained according to the Islamic legal criteria which include the complete cessation of life. Organ transplants from brain dead individuals are impermissible because they are tantamount to unjustly killing a person which God has prohibited. 10-The impermissibility of reattaching organs which have been severed by way of hudud or qisas. God the Almighty knows best and praise be to God with Whose favor all good is accomplished.