Jurnal Sahabat ISNU SU
Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024

Organ Transplantation in the Perspective of Islamic Fiqh: Analysis of Permissibility, Requirements, and Legal Implications

Ahmad Baqi (Yogyakarta State University)
Chaisya Aliffah Siswoyo (Universitas Islam Negeri Sumatera Utara)
Yulia (Universitas Islam Negeri Sumatera Utara)
Eviana Sagala (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 May 2024

Abstract

Organ transplantation represents one of the most significant advances in modern medicine, offering life-saving treatment and improving the quality of life for patients suffering from end-stage organ failure. Nevertheless, this medical practice raises important legal and ethical questions within Islamic jurisprudence (fiqh), particularly concerning the permissibility of organ donation, the protection of human dignity, and the prohibition of organ commercialization. This study aims to analyze the Islamic legal perspective on organ transplantation, examine the conditions governing organ donation from living and deceased donors, and explore the legal implications of organ trading within contemporary medical practice. This research employs a qualitative normative approach through library research by analyzing primary Islamic legal sources, including the Qur'an, Hadith, classical and contemporary fiqh literature, fatwas, and relevant scholarly publications. The findings reveal that the majority of contemporary Muslim scholars permit organ transplantation under strict conditions, namely medical necessity (ḍarūrah), voluntary donor consent, the absence of serious harm to the donor, and the prohibition of any commercial motive. Organ donation from deceased individuals is also considered permissible, provided prior consent or family authorization exists and the dignity of the deceased is respected. Conversely, the commercialization and sale of human organs are categorically prohibited because they violate the principles of human dignity (karāmat al-insān), justice, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The study concludes that organ transplantation is compatible with Islamic law when conducted within ethical and legal boundaries aimed at preserving human life (ḥifẓ al-nafs). Therefore, stronger legal regulation, public education, and collaboration between medical professionals and Islamic scholars are essential to ensure that transplantation practices remain consistent with Islamic ethical principles.

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Journal Info

Abbrev

jsisnu

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, ...