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The law of organ transplant besed on al qur’an and hadist

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The meaning of transplantation is transferencing a particular of organ from one place to the other places either in his body or in the other people in particular circumstance and particular requirement. The issue of organ transplant has been a matter of great debate and dispute among the great contemporary scholars from around the globe. It has been discussed in various fiqh seminars, and many short and detailed works have be compiled on the subject.

The majority of the Indonesian are of the view that organ transplant is not permissible, while, the Arab scholars and some scholars of the Indian subcontinent give its permission under certain conditions, No body has given a general unconditional permission for the transplantation of organs.

It must be remarked here that this issue is contemporary and obviously it is impossible for us to find express rulings concerning it in the classical works. As such, the views of the contemporary scholars are based upon the general and broad guidelines of Shariah. It is obvious that this will result in difference of opinion, some people have not permitted to do organ transplant but the others give its permission.the author of this essay has not been permitted a nation that organ transplant is given permission to do in some condition but it is permitted in some condition too.

Some indonesian scholars who did not permitte that organ transplant hold the view that organ transplant can not be deemed permissible due to the harms and ill effect of it overcoming the benefits, and they base this statement on Q.s Al-Isra’:70. “and verily we (allah) have honoured the children of Adam”. Allah made the human the best of creation and he create everything for their benefit living, and Allah says in Al-Baqoroh : 29, “it is He, who has created for you all things that are on earth.

It is the meaning that Allah give permission for humans to take benefit from every creation in the world like animals,plants and inanimate things. And it is not reasonable when we place humans in the some category of things by giving permission to use a part of them and take the benefit of their part. The Fuqaha have also stated that if one was compelled by force to kill another human, it will not be permissible, even if his own life was in danger (See:al-Kasani, Bada’i al-Sana’i, 7/177 & Ibn qudama, al-Mugni, 9/331).

The other scolars who permitte permission to do organ translant hold the view that the transplantation and donation of human-organs would be permissible. Allah said in alqur’an (Q.s albaqoroh :173),it means that when someone is forced by necessity, without disobidience, nor transgressing due limits,then he is guiltless. Qowaid of islamic jurisprudence based on al qur’an and sunnah permitted the use unlawful things in cases of extreme need and necessity also. In case of necessity, certain prohibitions are viewed, as when the life of person is threatened the prohiition of eating carrion or dringking wine is suspended (Necessity makes prohibition lawful).

According to imam syafi’i, it is permissible for a person dying out of hunger to consume the meat of another human. In the cases of necessity,unlawful and haram things become permissible. When a person life is in danger condition and he is need for transplantation, he is in such situation, the transplantation of organs will be pemissible. There are the two view point about transplantation, and everybody can follow and choose one of those stetments or make the new stetment of the law organ transplant. Everybody is free of choosing something in is islam. And the last, thanks for read this article.

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