All Praises belongs to Allah, who has lavished His favours on His servants, We Seek refuge in Allah, Most Exalted, from the evils of our own selves and from our wicked actions. Whomsoever has been guided by Allah, none can misguide him, and whomsoever has been misguided by Allah, none can guide him. I bear witness that there is no true God worth of being worship except Allah, alone, having no partner. And I bear that Muhammad (s.A.w.) is His slave and His Messenger.
To proceed: "O' servants of Allah, seek treatment for your ailments, for surely He who has created the disease has also given a cure for it. Those who are knowledgeable will be able to discover this cure." ...view middle of the document...
"The Fuqaha of the Maliki and the Hanbal schools state that it is impermissible to dissect a dead pregnant lady in order to retrieve the baby, as it is difficult to determine whether the baby is alive. Because of this uncertainty, it should not be a cause to violate the sanctity of the dead. On the other hand, the Fuqaha of Shafi'i allows this dissection to be carried out. Besides, to dissect a dead body in order to remove valuable goods is allowed according to Jumhur except the Hanbal school." (Ad-Durr al-Mukhtar 3/246)
Nowadays, it is possible for medical authorities to determine whether the baby is alive or not when such cases arise. The uncertainty that some Fuqaha had, is thus removed.
In Fiqh al-Islam wa Adillatuh (7/3), the author concludes: "Based on the rulings which allows dissection on dead bodies in specific cases, therefore any dissection or operation done on the dead body due to a significant necessity is allowable. Forexample, dissection for the knowledge of medicine and dissection in order to find the cause of death to convict criminals by which there are no other avenues to come to the truth (al-Haq). These are based on the Shari'ah principle of establishing justice ('Adil) in any ruling given by the court, inorder to avoid injustice (Dhalim) from happening to the innocent or to ensure the guilty not to escape from the punishment as a result of his crimes.
Even though such dissections are allowed, it should be done within necessary limits withoutoverdoing it. Besides, the sanctity of the dead body has to be respected and handled properly.After the investigation, bits and pieces should be gathered, the body should be closed by suturing itup and finally shrouding the body.
It is also allowable to perform any organ transplant such as the human heart or the eye. This must bewith the condition that the donor is proven to be dead by a specialist in the field. This is because thepriority is given to the living. The success of recovering vision for a human is a wonderful gift and isdemanded by the Shara'."
In al-Ifta', The Permanent Committee for Legal Rulings (Fataawa) in Saudi Arabia conclude the following regarding dissection on dead bodies:
1.Dissection to discover if there is a criminal act causing the death is sanctioned.
2.Dissection to see if there is a contagious disease and to then conclude how to stop its spread is sanctioned.
3.Dissection for educational and training purposes is accepted.
The following is another legal ruling about organ transplant. Wabillahit Taufiq, And the last of our prayer: "Glory to your Lord, the Lord of Honour & Power! He is better from what they ascribe to Him! Peace be upon the Messengers! Praise be to Allah, the Lord of the worlds." (37:180-182)
The Council which consists of scholars from all the major Muslim Schools of Law in Great Britain, together with three distinguished lawyers has considered the issue of organ transplant and resolved that: