Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 25-01-2018

Resolution No.(2) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Donating Corneas"

Date: 11/7/1404 AH; 11/4/1984 AD

 

Question:

What is the ruling on people who donate their corneas, after their death, to the blind?

Answer:

All perfect praise be to Allah; and may His blessings and peace be upon Prophet Mohammad and upon all his Family and Companions.

Principles of Islamic law permit making use of the dead peoples` corneas, by transplanting them in the eyes of the blind, or those in danger of becoming blind, within the following conditions:

1- Confirming the death of the donor.

2- Doctors assuming that the transplanting of the corneas will most probably be a success.

3- The deceased had given permission before he/she died, or his heirs permitted it.

Amongst the evidences, derived from Islamic law, permitting this matter are:

First: Transplanting organs from the deceased to the living safeguards human beings, which is one of the aims of Islamic law (Sharia).

Second: Undoubtedly, blindness, or losing sight is a damage that befalls a human being, and preventing it is a necessity, in Islamic law, that allows transplanting corneas of the deceased in the eyes of the living, and this goes in line with the agreed upon jurisprudential rulings such as: "Necessity knows no prohibitions.", "Necessity is assessed by its degree, and “The milder of two harms is permissible in case of necessity."

Third: Transplanting the cornea of a deceased person in the eyes of a blind living person to regain his/her sight isn`t the kind of mutilation which has been forbidden by the Prophet (PBUH). He (PBUH) forbade the mutilation which humiliates the dead person and violates his/her honor. In light of Islamic Sharia, the dead person is honored by having donated his/her cornea since he/she will receive a recompense from Almighty Allah. Similarly, the living is honored by regaining his/her sight, enjoying this favor bestowed upon him/her from Almighty Allah and thanking Him for it.

Therefore, Muslim jurists permit cutting open the belly of a dead pregnant woman in order to save her fetus who is most probably alive. They also permit cutting open the belly of a deceased who had swallowed the money of another person. They interpreted this permission as follows: "Honoring the living and safeguarding him/her take precedence over safeguarding the dead from mutilation ." Almighty Allah Said in the Holy Quran (What means): "Nor are alike those that are living and those that are dead." [Fatir/22].

Fourth: Islamic Sharia encouraged people to seek treatment for the Prophet (PBUH) said: "Allah has sent down ailment and cure, and made a cure for each ailment, so seek treatment, but avoid forbidden cures." Transplanting corneas of the dead in the eyes of the living is an act of treatment.

Fifth: Donating corneas to the blind is from charity that Sharia encouraged giving to those in need, for a blind person`s need for sight is greater than a poor person`s need for money, and his (the blind) need for food and drink. Prophet Mohammad (PBUH) said in this regard: "If anyone relieves a Muslim believer from one of the hardships of this worldly life, Allah will relieve him of one of the hardships of the Day of Resurrection. If anyone makes it easy for the one who is indebted to him (while finding it difficult to repay), Allah will make it easy for him in this worldly life and in the Hereafter, and if anyone conceals the faults of a Muslim, Allah will conceal his faults in this world and in the Hereafter. Allah helps His slave as long as he helps his brother.” [Moslim]. And Allah Knows Best.

 

The Fatwa Committee

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Summarized Fatawaa

Someone asked me to pay off his debt on his behalf as a loan, without any compensation. When I went to the creditor, he told me that if I paid the full amount at once, rather than in installments, he would give me a certain discount. Is this permissible? And if he applies the discount, to whom does the deducted amount belong?

If part of the debt is paid and the creditor forgives the remaining amount, the waiver is valid, and the remaining debt is no longer the responsibility of the original debtor. The person who paid the debt on behalf of another has no right to claim any portion of the original debt. And Allah Knows Best.

Who are the blood-relatives with whom kinship ties should be maintained?

Blood-relatives are those from the side of one`s father and mother: grandfathers, grandmothers, uncles, and aunts. And Allah Knows Best.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.

Is it true that if a ritually impure, or a menstruating woman visits one who is in confinement, harm will be inflicted on the latter, or her baby?

This is completely wrong and unfounded piece of information.