Organ Donor Law In Islam According To Ulama, This Is The Dail
YOGYAKARTA - Transplantation or organ donation, whether it's cardiac organs, eye cornea, blood, liver, or kidney has been implemented decades ago. So what is the law of organ donors in Islam according to sharia?
organ transplantation is believed to help other humans exposed to chronic diseases in order to live a life with healthier circumstances.
This donor can be done by live human donors to human donor recipients. It can also be done by donors who have died by donating several organs to patients in need.
Kiai Wahyul Afif Al Ghofiqi explained that the scholars agreed to repair damaged limbs by replacing them from other people's limbs. Provided, the goal is clear and there has been an agreement from both parties.
In general, there are several procedures that must be carried out before donors between humans live. For example, all organ transplant procedures must be carried out taking into account donor survival.
"Doctors need to make sure that after the transplant, the donor's life can still go on normally," he explained.
On the other hand, if the donor has died, it must be ensured that there is a permit from the heir. If the heir gives it, the doctor can take the organs from the corpse. On the other hand, if the heirs refuse, the donor cannot be done.
The law of donating body parts from Mayit is indeed abah or allowed, but it still cannot be done carelessly.
"We have to understand that it is important to pay attention to the honor of Mayit, not to be careless," he explained.
Meanwhile, Kiai Fahrur Rozi Gus Bululawang explained that the donors that are highly recommended and allowed are blood donations. Regarding body organ donors, the opinion of the scholars is basically different about whether or not they are allowed.
Some scholars allow for medical reasons. However, most scholars prohibit it, especially if it is done for commercial purposes.
Dead people who donate must also be respected, their bodies should not be damaged without the permission of their families.
According to Syekh Al-Bathi, the grafting process can be carried out from people who are Muhtam (people who are protected by their lives) such as Muslims who do not commit adultery. With a note, all heirs gave permission regarding this matter.
The reason is that the body's honor becomes the meaning of every human being's right, and if he dies, then his ownership rights, whether meaningful or physical, will be passed on to his family.
Thus, the honor of Mayit's body switches its power to its heirs. Like the corpse was able to defend it or trust it to others, the heirs did. He can defend it to maintain the honor of the corpse and can also serve it.
"Every ownership of a servant can be inherited either physically or meaningfully, and there is no doubt that the honor and even defamation given by Allah to His servants is one of the human rights. So that, if a human being has died, his right to honor will be transferred to his heirs." (Al-Buthi, I/130).
Syekh Al-Buti also tried to interpret the meaning of the fuqaha regarding the absolute abundance of the corpse organs on the grounds of maintaining the honor of the corpse. This provision applies when the transfer of Mayit organs is intended for something tertiary, not primary or secondary.
"Therefore, the opinion that is favored that the meaning of what fuqaha mentions about the absolute grafting property is grafting that does not feel an emergency." (Al-Buthi, I/131)
From here, Sheikh Al-Bathi prefers the second opinion that allows transfer of the body's organs. So, taking into account the previous conditions and defining the third condition, namely the body whose organs must be taken must be accommodated. The late Al-Buthi inclined to allow all corpses even though Muhtam, but must have permission from the heirs of the corpse.
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Important things that can be underlined, the heirs cannot turn the corpse's organs into commercial goods and commercial materials. This is as stated in the MUI fatwa Number 12 of 2019 concerning Organ Transplantation from the Dead Donor.
That's a review of organ donor law in Islam. Hopefully this information will be useful! Visit VOI.id to get other interesting information.