 Introduction
Transplantation of Nervous Tissue The Anencephalic Fetus Transplantation of Sex Glands Definition of Death
Introduction
The Quran says: "and
whoever saves a life it would be as if he saved the life of all the
people." Perhaps there is no better way to implement
this concept than in the area of saving lives by transplanting donated
organs to replace failing vital ones. This conclusion, however, had to
be reached after some synthesis of Islamic rules. Basically,
violating the human body, whether
living or dead, is against the rulings of Islam. It would follow that
incising the body of a living donor or of a cadaver and obtaining the
organ to be donated, would be impermissible, had it not been for the
invocation of two juridical rules that readily solve the impasse. The
first is the rule of "Necessities
overrule prohibition." The second is the "choice
of the lesser of the two evils if both cannot be avoided."
Since the saving of life is a necessity that carries more weight than
preserving the integrity of the body of donor or cadaver and since the
injury of the body of the donor is less evil compared with leaving the
patient to die, the procedure of organ donation and transplantation is
sanctioned. It should not pose danger on the donor, as far as
medically ascertainable. Rules of free consent devoid of all kinds of
pressure should be observed as the donor (or next of kin of deceased
donor) indicate their willingness.
Transplantation
of Nervous Tissue
This has recently shown some
promise in the treatment of certain diseases. It is lawful if the
source is the adrenal gland medulla or an animal fetus, or a human
fetus spontaneously miscarried when it dies naturally. It is unlawful
to sacrifice a living or viable human fetus for the purpose. In lawful
abortion (such as to save the mother's life) the fetus may be used.
Creating fetuses or performing abortion for the purpose of
transplantation is unlawful.
The
Anencephalic Fetus
This refers to a congenital
abnormality where the vault of the skull and the brain hemispheres are
absent. It might be borne alive, but will eventually die after a
variable period that might extend to several days. As long as it
lives, it should not be used as a source of organs for
transplantation. Artificial termination of its life is unlawful. It
may be maintained by artificial resuscitation to keep its tissues
healthy, until its brain (stem) dies and then it is allright to take
its organs.
Transplantation
of Sex Glands
It is unlawful to transplant
testes capable of producing and discharging sperms or ovaries capable
of ovulation into another person, for this would lead to confusion of
genealogy and the conception of babies by gametes that are not united
by an authentic marriage, since such sperms and ova will always belong
to the donor and not the recipient. Sex glands that are sterile (do
not produce gametes) but are hormonally active do not bear this ban,
but their use has no place in clinical practice.
Definition
of Death
The definition of the moment of
death has its bearing not only on medical issues such as the
feasibility of removing artificial animation or the taking of a
singular vital organ for transplantation (such as the heart), but also
of juridical issues such as the beginning of the waiting period a
widow has to wait after her husband's death before remarrying (four
months and ten days, or if pregnant, the end of pregnancy), and the
apportioning of legacy shares if two or more inheritors should die in
succession.
Recent juridical congresses
accepted a new definition of death based on total brain death
(including the brain stem) even though some physiological functions
are still maintained by artificial animation. The new definition was
made possible through a process of "analogy" to an old
juridical rule that recognized the concept of a fatal injury.
Centuries ago, it was decreed that if a person is stabbed leading to
extrusion of his bowel, this was considered a fatal injury even though
the victim continued to show movement and other signs of departing
life, technically referred to as "the movement of the
slain." If a second aggressor then finished up the victim causing
(complete) death, still the murder charge would be addressed to the
first aggressor, and the second is charged but not with murder.
Persons with brain death whose body organs/systems remain,
nevertheless, artificially maintained, were given the status of the
movement of the slain", seeing that return to life is
scientifically impossible. It would be no crime therefore if the
animation is switched off, or if the (fresh and live) heart is taken
for transplantation to a patient whose heart is damaged beyond
recovery.
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