Ruling on the transplantation and implantation of human reproductive organs
The
research includes a statement of the concept and legitimacy of medical
treatment, the principles of the ruling on the transfer and transplantation of
human organs, and the ruling on the transfer and transplantation of human
reproductive organs. The research aims to balance treatment and the
preservation of life on the one hand, and the preservation of lineage and
dignity on the other. This is why there is strictness in some types of
transplantation and leniency in others, according to their impact on these
objectives. The research adopted an inductive comparative research method, as
it is appropriate to the nature of the research, and it reached a set of
results, including: showing the Sharia’s concern for the preservation of life
and the prohibition of aggression against it, showing the breadth and leniency
of the Sharia in permitting the transfer of human organs when needed and
prohibiting it to preserve lineage, showing the comprehensiveness of Islamic
Sharia in the benefit of its rulings and rules in every time and place, and
that the transfer of human organs from one person to another is an abuse of the
self, an infringement on a right that is not authorized to be disposed of, and
it involves mixing the lineages of the human race and a cause that leads to the
evaporation of the right of motherhood and fatherhood. The prevailing opinion
in this case is to say that the transfer of genetically influential
reproductive organs should be absolutely prohibited in order to preserve the
human race, while non-influential ones may be permitted out of necessity, and
necessity is determined legally and medically.
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