Organ Donation in Islam

Mahdiyah Jaffer; Aasim I. Padela; Gurch Randhawa

doi:10.5771/9781666909920

Summary

A 2023 Choice Reviews Outstanding Academic Title

Organ Donation in Islam: The Interplay of Jurisprudence, Ethics, and Society delves into the complexities and nuances of organ donation in Muslim communities. A diverse group of authors including Muslim jurists, academic researchers, clinicians and policy stakeholders engage with the multi-faceted topic. Contributions from Sunni and Shia scholars are positioned alongside each other, giving the reader an appreciation of the different Islamic traditions and legal methodologies; and qualitative research examining the views and potential concerns of Muslim families towards donating organs of loved ones is juxtaposed with the work of academicians and community advocates engaging diverse Muslim communities to equip them with the knowledge and tools to make informed donation decisions. Taken together the collection yields new ethical, empirical and sociological insights into how issues of body ownership, the definition of death, and community engagement interface with the act of donation. Accordingly, this wide-ranging volume represents a invaluable resource for religious leaders, healthcare professionals, social scientists, policy makers, researchers, and others interested in the interplay between contemporary healthcare, religious tradition, health policy and the topic of organ donation.

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Bibliographic data

Copyright year: 2022
ISBN-Print: 978-1-6669-0991-3
ISBN-Online: 978-1-6669-0992-0
Publisher: Lexington, Lanham
Language: English
Pages: 394
Product type: Edited Book

1. Contents No access
2. 1. Mahdiyah Jaffer No access
  2. Aasim I. Padela No access
  3. Gurch Randhawa No access
3. List of Figures No access
4. List of Tables No access
1. Notes No access
2. Bibliography No access
1. 1. Introduction No access
  2. Difficulties in Conceiving the Body as Property No access
  3. 1. Ritual Purity No access
    2. Violation of Human Bodily Dignity (ḥurma) No access
  4. Objectifying Human Body Parts No access
  5. Distinction between the Sale and Donation of Human Body Parts No access
  6. 1. Limits to the Rights of the Individual over His Body No access
    2. Man’s Rights over His Body and the Transfer of Such Rights No access
  7. Conclusion No access
  8. Notes No access
  9. Bibliography No access
2. 1. Introduction No access
  2. The Sources of Jurisprudence No access
  3. Juristic Authority No access
  4. The Relationship between a Human Being and the Body No access
  5. Assessing the Argument from the Lack of Bodily Ownership No access
  6. The Scope of the Judicial Precept of Autonomy No access
  7. The Scope of the Judicial Precept of the Lack of Harm No access
  8. The Sale of Organs No access
  9. Notes No access
  10. BIBLIOGRAPHY No access
3. 1. The Inviolability (ḥurma) of the human body No access
  2. Modern Situations Demanding Autopsies No access
  3. The Role of Advance Directives No access
  4. Concluding Remarks No access
  5. Notes No access
  6. Bibliography No access
4. 1. Introduction No access
  2. Death in Islam No access
  3. The Soul and Death No access
  4. 1. 1. DNC Is Not Islamic Death No access
      2. DNC Is Islamic Death No access
      3. DNC as a Liminal Point between Life and Death: An Alternative Explanation No access
  5. The Soul and DNC No access
  6. Conclusion: Death, Authority, and the Social Construction of the Soul No access
  7. Notes No access
  8. Bibliography No access
5. 1. Introduction No access
  2. Life No access
  3. Soul No access
  4. Spirit and Ensoulment No access
  5. Soul-Spirit Relationship No access
  6. Death (mawt) No access
  7. Cessation (tawaffā) No access
  8. Connection between Death and Cessation No access
  9. Procedural Principle of Continuity (istiṣḥāb) No access
  10. Conclusion No access
  11. Notes No access
  12. Bibliography No access
1. 1. Organ Transplantation in the Classical Texts No access
  2. Juridical Views on Organ Donation No access
  3. The Fatwas on the Sanctity of Human Life No access
  4. An Analysis of Ethics and Juridical Literature No access
  5. Connecting Ethics and Law No access
  6. Notes No access
  7. Bibliography No access
2. 1. Background No access
  2. Methodology No access
  3. 1. 1. Perception of Research Participants No access
    2. 1. Poor Information about Brain Death No access
      2. The Conduct of Hospital Staff No access
      3. Lack of Multidisciplinary Approach by Relevant Authorities No access
      4. Negative Stereotypes No access
      5. Poverty and Need No access
    3. 1. Support and Approval from Family and Community No access
    4. 1. Love or Emotional Involvement with a Relative No access
      2. The Wishes of the Deceased No access
      3. Possible Future Health Risks No access
  4. Conclusion No access
  5. Notes No access
  6. Bibliography No access
3. 1. Death and the Neurological Criteria for Death from a Medical Point of View No access
  2. Brain Death and Organ Transplantation No access
  3. 1. The Biological Paradigm of Death, Including the Neurological Criterion of Death (i.e., Recognizing Brain Death) No access
    2. The Biological Paradigm of Death, Including the Traditional Circulatory Criterion: Human Death Is Defined by the Beating of the Heart No access
  4. Organ Donation and Brain-Death Culture in Iran No access
  5. The Organ Donation Campaign in Iran and Its Success No access
  6. 1. Incorrect Perception of Brain Death and Doubts about the Diagnosis No access
    2. Religious Beliefs No access
    3. Practical and Procedural Issues No access
    4. Other Factors No access
  7. Conclusion No access
  8. Notes No access
  9. Bibliography No access
1. 1. Introduction No access
  2. Interventions to Date No access
  3. Theoretical Framework No access
  4. The ʿIlmī and the Iṣlahī Imperatives No access
  5. A Case Illustration of Different Religious Leadership Imperatives and Muslim Organ Donation in Egypt No access
  6. The Interventions Revisited No access
  7. Conclusion No access
  8. Notes No access
  9. Bibliography No access
2. 1. Introduction—Al-istiftāʾ No access
  2. The Importance of Accurate Conceptualization of the Subject of a Ruling (mutaʾallaq al-ḥukm) in the Process of Its Derivation No access
  3. How Appreciating the Wider Issues Surrounding the Subject of a ḥukm Could Affect (or Change) Said ḥukm by Activating al-aḥkām al-thānawīyya No access
  4. How Wider Appreciation of the Role of a Certain ḥukm in Society Could Affect (or Change) Said ḥukm through Expediency No access
  5. Assessing the Translatability of Current Fatwas on Organ Donation after Death No access
  6. A Brief Background to the UK’s Organ Donor Shortage and Its Disproportionate Effect on Black, Asian, and Minority Ethnic (BAME) Populations No access
  7. Current Fatwas on Organ Donation after Death Issued by Contemporary Shiʿi Jurists No access
  8. 1. Conceptualization of Organ Donation No access
    2. Conceptualization of Death No access
    3. Conceptualization of Mutilation and Violating the Sanctity of the Corpse No access
    4. Conceptualization of the Kāfir (Non-Muslim) No access
  9. 1. The BAME “Problem” in UK Organ Donation No access
    2. Economic Considerations No access
  10. 1. Considerations around Justice No access
    2. Considerations around National Medical Need No access
    3. Considerations around Establishing Good Ties with Non-Muslims No access
  11. How Stakeholder Analysis and Consultation Could Address Shortcomings Described So Far No access
  12. Limitations of This Study No access
  13. Conclusion and Recommendations No access
  14. Notes No access
  15. Bibliography No access
3. 1. 1. Navigating the Islamic Injunctions on Organ Donation within a UK Context No access
    2. Organ Donation and Transplantation in a Multi-Faith UK Context No access
    3. The Potential Role of Faith Communities as Routes for Public Engagement No access
  2. Development of the UK Organ Donation and Faith Action Plan No access
  3. 1. Stage 1—Strategic Options Appraisal No access
    2. Stage 2—Attitudinal Segmentation of the Muslims Community in the UK Vis-à-Vis Organ Donation No access
    3. Stage 3—Community Engagement Plan No access
    4. Stage 4—Muslim Scholars’ Conference No access
    5. Stage 5—Development of the Fatwa No access
  4. Conclusion No access
  5. Notes No access
  6. Bibliography No access
4. 1. Introduction No access
  2. Empirical Data: Muslim Attitudes toward Organ Donation No access
  3. The Clinical Context: Organ Donation and Its Subtypes No access
  4. The Normative Context: Islamic Ethico-Legal Rulings on Organ Donation and Transplantation No access
  5. 1. Narrative 1: Increased Religiosity among Muslim Associates with More Negative Views of Organ Donation No access
    2. Narrative 2: Islamic Edicts of Impermissibility are Ill-Informed of the Biomedical and Societal Contexts and/or Unfounded No access
  6. Designing More Effective and Ethical Educational Interventions No access
  7. Notes No access
  8. Bibliography No access
1. 1. Introduction No access
  2. 1. Xenotransplantation No access
    2. Autotransplantation No access
    3. Homotransplantation No access
    4. Critical Points of Debate in Homotransplantation No access
    5. Human Dignity No access
    6. Impurity of the Excised Body Part No access
    7. Hadiths Prohibiting the Breaking of the Bone of a Dead Person No access
    8. Hadiths Prohibiting the Use of [Human/Nonhuman] Hair Extensions No access
    9. Mutilation—muthla No access
    10. Changing the Creation of God—taghyīr li khalq Allah No access
    11. Self-Ownership and Property Rights No access
    12. Blocking the Means—Sadd al-Dharāʾiʿ No access
    13. Living/Altruistic Organ Transplantation No access
    14. Death in Islam No access
    15. Organ Donation after Circulatory Determination of Death (DCDD) No access
    16. Organ Donation after Neurological Determination of Death No access
    17. Deceased Organ Donation and Transplantation No access
    18. Respecting the Wishes of the Donor No access
    19. Is a Written Instruction a Legal Bequest? No access
    20. Implied Consent No access
  3. Notes No access
  4. Bibliography No access
Index No access Pages 375 - 388
Notes on Contributors No access Pages 389 - 394