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Organ Donation: Something to think about?

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Recently, the UK PM, Gordon Brown, proposed that in order to tackle the problem of organ donor shortages, the current “opt-in” system should be replaced with an “opt-out” one, whereby all British citizens would automatically be placed on the donor register, unless they objected during their lifetime, or their family members refused permission after death. The “presumed consent” proposal has been welcomed by some, and rejected by others, including several patient groups.

I’d almost forgotten about the issue, until I came across this comment by Lord Sheikh, in a House of Lords debate on the Kidney Transplant Bill:

To my knowledge, the five major faiths in the United Kingdom do not object to the principle of organ donation. Christians, Jews, Muslims, Hindus and Sikhs have all endorsed organ donation and transplantation… My understanding is as follows.

A Christian who chooses to donate an organ is following the example set by Jesus of demonstrating love. Sacrifice and helping others form a key part of Christianity and, in the Bible, Christians are invited by St Matthew to “freely give”.

Jews are required to obtain consent from a competent rabbinic authority before any organ donation procedure can commence, but nothing in principle in Judaism conflicts with organ donation in order to save lives. Jewish law prevents the unnecessary interference with the body after death and requires immediate burial of the complete body.

In Islam, violating the human body is normally forbidden, but it is permitted to save another person’s life. Indeed, the Holy Koran states in chapter five that, “whosoever saves the life of one person it would be as if he saved the life of all mankind”.

“Daan” is a word in Sanskrit for donation, which means selflessly giving to a Hindu. That is the third of the 10 niyamas, which are virtuous acts of the faith. Actions that sustain life are accepted and promoted as dharma, which means righteous living. Hindus believe that the soul is invisible, and that it is wrong to grieve for the body.

A key feature of Sikhism is the requirement to put the needs of others ahead of one’s own requirements. As with most of the other religions, the soul of an individual is separate from the physical body, and Guru Nanak taught, in the Guru Granth Sahib, that: “The dead sustain their bond with the living through virtuous deeds”.

Discovering this “common ground” between five very different religions, made me realise that, as a Muslim, I’ve never really thought much about the idea of becoming an organ donor before. I had some inkling that it was permissible in Islam, but had not yet embarked upon a serious quest to decide whether or not I should carry a donor card. In light of this recent debate, and the fact that I don’t know how long I have left on this Earth, I think it is about time that I did.

So, what does Islam really have to say about organ donation? Referring to Sheikh Google, I discovered a leaflet published by the NHS Transplant website titled “Islam and organ donation“, which states:

One of the basic aims of the Muslim faith is the saving of life. This is a fundamental aim of the Shariah and Allah greatly rewards those who save others from death.

Violating the human body, whether living or dead, is normally forbidden in Islam. The Shariah, however, waives this prohibition in a number of instances: firstly in cases of necessity; and secondly in saving another person’s life. It is this Islamic legal maxim al-darurat tubih al-mahzurat (necessities overrule prohibition) that has great relevance to organ donation.

Whosoever saves the life of one person it would be as if he saved the life of all mankind. Holy Qur’an, chapter 5 vs. 32

[…]

Muslim scholars of the most prestigious academies are unanimous in declaring that organ donation is an act of merit and in certain circumstances can be an obligation.
These institutes all call upon Muslims to donate organs for transplantation:

  • the Shariah Academy of the Organisation of Islamic Conference (representing all Muslim countries)
  • the Grand Ulema Council of Saudi Arabia.
  • the Iranian Religious Authority
  • the Al-Azhar Academy of Egypt

In addition, according to a fatwa on Islamonline.net:

“Organ donation is permitted in Islam if it is done within the permissible limits prescribed by the Shari`ah.

The following are the conditions scholars have stipulated for donation:

Conditions associated with a living donor:

1. He/she must be a person who is in full possession of his/her faculties so that he/she is able to make a sound decision by himself/herself;

2. He/she must be an adult and, preferably, at least twenty-one years old;

3. It should be done on his/her own free will without any external pressure exerted on him/ her;

4. The organ he/she is donating must not be a vital organ on which his/her survival or sound health is dependent upon;

5. No transplantation of sexual organs is allowed.

Conditions associated with deceased donors:

1. It must be done after having ascertained the free consent of the donor prior to his /her death. It can be through a will to that effect, or signing the donor card, etc.

2. In a case where organ donation consent was not given prior to a donor’s death, the consent may be granted by the deceased’s closest relatives who are in a position to make such decisions on his/her behalf.

3. It must be an organ or tissue that is medically determined to be able to save the life or maintain the quality of life of another human being.

4. The organ must be removed only from the deceased person after the death has been ascertained through reliable medical procedures.

5. Organs can also be harvested from the victims of traffic accidents if their identities are unknown, but it must be done only following the valid decree of a judge.”

But what about the permissibility of donating organs to non-Muslims? Islamonline.net says:

Islam is a universal message of love, mercy and compassion towards all the inhabitants of this globe. It is because of this that it permits a Muslim to donate an organ to a non-Muslim in case he/she is in need. Of course, priority is given to a Muslim in case the donating Muslim is offered the choice.

So, thus far, it seems that there is little stopping me from adding my name to the organ donor register. In fact, another answer suggests that I might be dumb not to:

“Organ donation to save the life of another or to help another lead a better life is considered a meritorious act that entails great rewards. This has been the view of the Islamic jurists who have discussed this issue. The Prophet (peace and blessings be upon him) told us: “Whosoever of you can render any benefit to his brother should do so.” It is not hard to imagine that no benefit is greater than saving someone’s life by giving him the gift of an organ or tissue donation. Therefore, this would fall under the category of a most charitable act.

Organ donation is also reckoned as a sadaqah jariyah (ongoing charity) from which the donor will continue to reap rewards after his/her own death, so long as the organ he/she has thus donated continues to function in the body of another human being.”

After reading all this, and especially considering that my own ethnic group is in dire need of more donors, I strongly suspect that it becomes my Islamic duty to register asap.

I encourage everyone to think deeply about becoming an organ donor; discuss the issue with trusted knowledgeable people, and most importantly, with your next of kin, because, in UK law at least, organs cannot be harvested if any close family member objects, in spite of any consent given by the deceased during their lifetime.

To find out more about what it means to be a registered organ donor in the UK, please refer to the NHS FAQ. If you have already made your decision, you can even sign up online. I invite readers from other countries to deposit the relevant info for how to become a donor in their locality, in the comments section below.

Finally, I ask Allah to forgive me for any errors I have made in writing this entry, and ask for guidance on this crucial topic, which has the potential to earn such great rewards. Ameen.

Dr Mehzabeen b. Ibrahim joined MuslimMatters as a blogger in late 2007 under the handle 'iMuslim', whilst still a struggling grad student. Since then, she has attained a PhD in Molecular Biology and a subsequent Masters in Bioinformatics, and now works as a specialist in this field for a well-known British, medical charity, masha'Allah. Somewhere in between she found the time to get married, alhamdulillah. She likes to dabble in photo and videography, a sample of which can be found on her personal blog: iMuslim.tv.

23 Comments

23 Comments

  1. Avatar

    Yasir Qadhi

    January 20, 2008 at 4:51 PM

    Salaam Alaikum

    Great issue to highlight, and one that we need to discuss openly.
    My main concerns would be:

    1) How do we know or control what will be done to those organs after we die? Can we guarantee that it will be used in a patient for a life-threatening situation?

    2) Is it true that cadavers that are used in med schools are also supplied from the very same pool of people who ‘donate their organs’ to science? If this is the case then one really needs to ask himself/herself: do you want a group of inexperienced med students gawking and groping your dead body, sawing bits and pieces off for there mid-term homework?

    3) Our eschatological beliefs of the after-life tells us that angels question us at the point of burial, and then the souls experience pleasure or punishment in the grave itself. No doubt those bodies that are somehow deprived of a burial due to circumstances beyond their control (e.g., drowning) will be an exception that God will deal with in His power, but the question is: should a person willingly ‘give up’ his body and a shot at a decent burial? The Shareeah places an obligation upon us to respect a dead body, for a hadeeth states, “Breaking the bones of a Muslim’s corpse is as if one broke them while alive.”

    I’m not saying that organ donation is prohibited; it is clearly not. My concerns are with the Islamic conditions coupled with the reality of the medical systems around us.

    Allah knows best…

    • Avatar

      Afia Baig

      September 15, 2014 at 1:18 AM

      Walaikumassalam wr
      By law at least in the western world an organ can only be used for the purpose it is donated to Also donors can place any condition they want on their donation after death for example the condition of only women doctors looking at or handling a Muslim women cadaver ,and by law the conditions have to be met .At the moment these conditions can be written in the will or mentioned to family members as by law organs are not taken witIhout having a conversation with the family. i have personally asked all these questions to the relevant people Thus the organs are not donated to science but to save life of another in need of it Further a person is listed for a transplant only when his/ her survival depends on it i know these facts by having a medical background and being a mother of a child waiting for a transplant
      jazakallahukhiarn

  2. Avatar

    iMuslim

    January 20, 2008 at 5:20 PM

    Wa ‘alaykum salam wa rahmatullah

    Great questions. I think it is best to consult your own transplant authority to answer some of them.

    For those in the UK, the NHS website says:

    Can I agree to donate some organs or tissue and not others?

    Yes. You can specify which organs you would wish to donate. Simply tick the appropriate boxes on the NHS Organ Donor Register form or on the donor card, and let those close to you know what you have decided.


    Will organs or tissue that are removed for transplant be used for research purposes?

    Organs and tissue that cannot be used for transplant will only be used for medical or scientific research purposes if specific permission has been obtained from your family.


    Does being a donor cause delays to funeral arrangements?

    No. The donation operation is performed as soon as possible after death.

    So it seems that donating your body for organ transplantation does not automatically mean it will be used for scientific research, and that the body will be returned for burial soon after the operation, insha’Allah.

    One point i have just read about in the FAQ, that needs to be addressed:

    Can I agree to donate to some people and not to others?

    No. Organs and tissue cannot be accepted unless they are freely donated. No conditions can be attached in terms of potential recipients. The only restriction allowed is which organs or tissue are to be donated.

    […]

    Patients entitled to treatment on the NHS are always given priority for donated organs. These include UK citizens, members of Her Majesty’s forces serving abroad and patients covered by a reciprocal health agreement with the UK.

    Although we are allowed to donate organs to non-Muslims, I have read a clause that says organs cannot be given to anyone fighting against the Muslims. So i would think “members of Her Majesty’s forces serving abroad” would be a big no-no, right?

  3. Pingback: Organ Donation: Something to think about? « iMuslim

  4. Avatar

    Shahrzad

    January 20, 2008 at 7:02 PM

    Organ donation in Iran is very common. I wrote an article about it here:
    http://shahrzaad.wordpress.com/2007/11/05/when-brain-dies/

    I am also member of the organ donation institute. Mean if i get brain death, they’re allowed to use my organs. Anyway there is this condition that parents must accept it after brain death.

    I think it is good act. Based on :
    “And if any one saved a life, it would be as if he saved the life of the whole people.(5:33)”

  5. Avatar

    mcpagal

    January 20, 2008 at 7:12 PM

    “2) Is it true that cadavers that are used in med schools are also supplied from the very same pool of people who ‘donate their organs’ to science? If this is the case then one really needs to ask himself/herself: do you want a group of inexperienced med students gawking and groping your dead body, sawing bits and pieces off for there mid-term homework?”

    I understand that in the UK (or in Scotland at least) donors for medical school etc have to opt into a system and actually volunteer themselves to be used for teaching after they die. Plus I wouldn’t underestimate the benefits: yes the students are inexperienced but I’d rather they got their experience dissecting cadavers than starting with surgery – apparently a lot of the donors feel (well, felt) positively about helping train the next generation of doctors.

    We had a talk from the organ donation service when in school, I think they said that donors have to have died a brainstem death, like if you’re in a car accident and get turned into a vegetable? I’m not sure on that though.

    The thing about donating to some people and not others… I would hate to think of my liver going to some alcoholic who’ll probably just go ruin it. There’s no way around it though really, is there?

    Anyways, I think this was a great topic to bring up. Loads of Muslims would be perfectly happy to accept donated organs that would save their lives, but don’t even consider donating. Same goes for blood.

    Give blood!

  6. Avatar

    Irum Sarfaraz

    January 20, 2008 at 9:40 PM

    With due respect to the opinion of all those who have written the post and the ones commenting on it, my personal stand is that our body is the amanah of Allah and not ours to ‘give’ away at our discretion. Whatever a Muslim can do whilst still alive to save the life of others, he or she should do but after the soul has been taken, he or she has no right to further use his or her body or its organs according to their desire or wish. Wallahu Alam.

  7. Avatar

    Organic Muslimah

    January 21, 2008 at 12:28 AM

    Great post! I agree with you, so long as my body won’t be used to experiment on. I will donate my organs for a good cause. It wouldn’t matter to me anymore, I will surely be in a better place, God-willing!

  8. Avatar

    Dawud Israel

    January 21, 2008 at 1:42 AM

    Great post…

    There is a book that I would encourage you to read, if I remembered the name of it…regarding donating your body to “science” (not necessarily organ donation) since it is related.

    In short it’s research about how donating your body to medical science doesn’t mean it will be used to save lives. Some end up being used for hair stylist school or worse in cosmetology (cosmetics!). Other bodies end up being used for military uses in testing firearms and practice (i think) for soldiers.

    Yeah, desensitization sucks.

  9. Avatar

    Dawud Israel

    January 21, 2008 at 1:50 AM

    The book is called Stiff by Mary Roach! I haven’t read it but a friend was telling me all this. Wow can’t believe I remembered the name after so long!

    Google it and you can get a preview of it. There’s something in there about also using corpses for reenacting the crucifixion… :S

    La howla wa la quwatta illah billah

  10. Avatar

    H. Ahmed

    January 21, 2008 at 3:53 AM

    Asalaamualaykum wr wb,

    In response to:

    “2) Is it true that cadavers that are used in med schools are also supplied from the very same pool of people who ‘donate their organs’ to science? If this is the case then one really needs to ask himself/herself: do you want a group of inexperienced med students gawking and groping your dead body, sawing bits and pieces off for there mid-term homework? ”

    Gross Anatomy Labs and the dissection of cadavers is crucial to medical education. Moreover, medical students hold the bodies that we dissect and study with great respect. At the end of each first year anatomy class my school (along with many others) holds a ceremony in respect of those bodies we dissected all year. Many family members of the cadavers (of those who volunteered that their bodies be used for education) attend the ceremony. So to address your question, yes, many people in fact, are proud of the fact that their bodies helped in the education of future physicians.

  11. Avatar

    mcpagal

    January 21, 2008 at 4:34 PM

    H. Ahmed, despite having done dissection I would still think twice about donating my body for it, it’s horrible to think about even for the least squeamish. We did the head & neck… sawing the face in half was probably the worst bit.

    Did get us all thinking of our own mortality though.

  12. Avatar

    iMuslim

    January 21, 2008 at 11:37 PM

    Assalamu ‘alaykum wa rahmatullah all

    Methinks the thread has got a little sidetracked. There is obviously a big difference between donating one’s organs for transplantation, and donating one’s body for medical research. My entry was about the former… and i don’t have a clue about what the scholars say about the latter!

    Irum, I also respect your personal opinion, though I hope you understand that my entry wasn’t about expressing my own opinion on organ donation, but rather trying to investigate the position of some of the ulema; i’m not sure if there is a complete consensus on the issue.

    However, if i were to give a personal opinion from the perspective of the body being an amanah from Allah, i would add that one’s wealth is also amanah from Allah. After death, we have no claim to it anymore, and it should be distributed to the heirs as Allah has commanded, because wealth was never ours to own, but rather ours to manage for a short time.

    However, Allah has allowed the believer some control over his wealth, even after death, whereby up to one third of the estate can be given away to a non-heir of their choosing, via the will. They don’t have to – it’s a voluntary act of sadaqah, and in fact, sometimes it’s best not to so that the true heirs receive a greater share.

    The heir of the body is the grave. However, if we choose, we can donate a part of this wealth (and what is the best form of “wealth” other than good health itself?) to non-heirs, in the form of organ donation. You don’t have to, just as you don’t have to bequeath your estate to anyone other than your heirs – it’s a voluntary act of sadaqah.

    That is my personal opinion. Wa Allahu ‘alam.

    Islam doesn’t seem to forbid organ donation – though obviously it is a matter of ijtihad, as it is a modern day advancement in Medicine, not directly covered by the Qur’an & Sunnah. However it seems that there are some conditions placed on who can receive the organs, which i would like clarified, especially the point about not being allowed to donate to enemies of Islam/Muslims. Something slightly hard to define when you’re living as a minority in a non-Muslim land, whose soldiers happened to be stationed in Muslim-majority countries…

    May Allah guide us.

  13. Avatar

    Bilal

    January 22, 2008 at 12:28 AM

    Assalamu Alaykum,

    Also in response to:

    “2) Is it true that cadavers that are used in med schools are also supplied from the very same pool of people who ‘donate their organs’ to science? If this is the case then one really needs to ask himself/herself: do you want a group of inexperienced med students gawking and groping your dead body, sawing bits and pieces off for there mid-term homework? ”

    For your body to be used in the gross labs of medical schools you have to specifically donate your body to science which is different from being an organ donor. If someone wants to donate their body to science (i.e. having medical students dissecting it), they have quite an extensive amount of paperwork to fill out (versus just having it labeled on their drivers licence). Actually, the person wanting to donate their body to science has to personally pay for their body to be transported to the medical school at which it will be dissected. (This is the case for the state of Florida. Every state has its own rules). The people who donate their bodies to science are generally very committed as its quite a hassle to donate your body for medical education.

    I have to admit after having gone thru Gross Anatomy last semester, I don’t think I could donate my body to science (yes, sawing off a leg was quite disturbing). I think there’s definitely less than 1,000 people who do such a thing here in Florida every year.

    However, it should be noted that there is a huge difference between donating your body to science (and having medical students study it) versus being someone who is an organ donor (and it’s not very hard to become one, that’s for sure).

    Does anyone know what Shaykh-ul-Islamqa says about this matter.?

    Wa Allahu Alim.

  14. Avatar

    Anonymous

    January 22, 2008 at 12:59 AM

  15. Avatar

    mcpagal

    January 22, 2008 at 1:47 PM

    Sis Irum: “… my personal stand is that our body is the amanah of Allah and not ours to ‘give’ away at our discretion. Whatever a Muslim can do whilst still alive to save the life of others, he or she should do but after the soul has been taken, he or she has no right to further use his or her body or its organs according to their desire or wish. Wallahu Alam.”

    Thing is, if you or a loved one were in the position of accepting an organ donation or dying, which would you choose? If you deny it, it’s like choosing death. If you accept it, it would be somewhat hypocritical and selfish since you’re taking from the pool but not contributing to it. Some parents even have to make this decision for their child.

    • Avatar

      Btru2u

      April 14, 2012 at 7:11 PM

      i would like to know your situation in the Grave. i read in a hadith somewhere that beaking the bones of a deceased person will be as if you broke them while he/she was alive. Some are of the opinion that the body still feels pain after it is dead. I think this is another factor lingering in the back of muslims minds before they decide to donate

  16. Avatar

    Suhail

    January 23, 2008 at 7:02 PM

  17. Avatar

    nurjannah

    February 24, 2008 at 7:39 AM

    Assalamu’alaikum w.b.t

    firstly, i would like to express my gratitude to iMuslim and others for helping me to understand more about organ donation from islamic point of view..
    i am a medical student and now i had already do the dissection to the cadaver for the hand..i still have to dissect the leg and need to complete the task before this saturday.. at my place, we only had non-muslim as the cadavers, i do not know that in other country, they use muslim body as cadaver.. can we actually do that as a muslim? use another muslim’s body? is there any hadith related to that? there’s still a lot of things that i do not know, i really appreciate if any of you would like to help explain it to me… syukran…wassalam..

  18. Avatar

    Kaneta

    January 28, 2013 at 3:11 PM

    Came across this oooold thread, searching for clarification with the upcoming legislation in Wales which will assume consent for organ transplantation after death. I’m a registered organ donor, however my parents have both decided that they will be opting out from the donor register.
    The rationale being that organs may be harvested from a brain dead individual, however brain dead is not equivalent to cardiac dead. Furthermore, they also have concerns regarding the sanctity of the human body.

    Re. the point raised by Brother Qadhi (love your book the Etiquette of Dua btw :-)_Organ donation does not mean that you are donating your body .

    My

  19. Avatar

    Salma

    March 12, 2015 at 12:25 AM

    To be able to use vital organs, the human body is kept alive in order to keep oxygen flowing through the organs so the organs remain viable, ie alive. The doctor may pronounce the person “brain dead”, but there is no absolute certainty – it is left to “expert OPINION” of other human beings (doctors). If the organs are then harvested while the person is allegedly “brain dead”, perhaps with the body kept alive using life support, then once the vital organs are harvested that person will well & truly die.

    1. Only Allah knows when the brain is truly “dead”. Sometimes people in a coma suddenly “wake up” years later.

    2. When organs are harvested from a body that is not dead – even on life support – removing those vital organs will cause that person’s death, rather than Allah determining that person should die.

    There is also the issue of financial and other incentives for declaring one “brain dead” in order to harvest the organs!

    These are serious ethical concerns surrounding organ donation.

    Here are a couple interesting webpages, though I can’t attest to the reputation of these websites:

    “Brain Death” – The new “pretend death” is not real death
    and
    Organ removal is done while (live) patient given only paralyzing agent but no anesthetic
    http://www.truthaboutorgandonation.com/factsaboutbeinganorgandonor.html

    Brain Death as Criteria for Organ Donation is Deception
    https://www.lifesitenews.com/news/brain-death-as-criteria-for-organ-donation-is-a-deception-bereaved-mother

  20. Avatar

    Salma

    March 12, 2015 at 12:43 AM

    See also this article from New England Journal of Medicine

    Written by pro-organ donation doctors, questioning the definitions of brain death for organ transplants
    http://www.nejm.org/doi/full/10.1056/NEJMp0804474?query=TOC&

  21. Avatar

    Ateeb Ahmad

    September 26, 2017 at 11:15 PM

    Assalamoalaekum,

    Great topic; I actually just came across this leaflet which came in mail with my drivers license renewal about organ donation. To Shaikh Yasir Qadhi point in the form I have from province of Ontario, Canada you can opt for your organs to be only used for transplant and not for research. Also you can choose if you wish to donate all of the organs or you can take an exception that you don’t want your kidneys or heart or eyes etc. to not be used for transplant. Ontario residents for further information please go to ServiceOntario.ca/BeADonor or BeaDonor.ca/about-donation.

    General information for all Canadian residents could be found in the following link
    https://www.canada.ca/en/public-health/services/diseases/blood-organ-tissue-donation.html

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#Islam

What Does Sharia Really Say About Abortion in Islam

Abortion is not a simple option of being pro-life or pro-choice, Islam recognizes the nuance.

Reem Shaikh

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The following article on abortion is based on a research paper titled ‘The Rights of the Fetus in Islam’, at the Department of Sharia at Qatar University. My team and I presented it to multiple members of the faculty. It was approved by the Dean of the Islamic Studies College, an experienced and reputed Islamic authority.

In one swoop, liberal comedian Deven Green posing as her satirical character, Mrs. Betty Brown, “America’s best Christian”, demonized both Sharia law as well as how Islamic law treats abortion. Even in a debate about a law that has no Muslim protagonist in the middle of it, Islam is vilified because apparently, no problem in the world can occur without Islam being dragged into it.

It is important to clarify what Sharia is before discussing abortion. Sharia law is the set of rules and guidelines that Allah establishes as a way of life for Muslims. It is derived from the Qur’an and the Sunnah, which is interpreted and compiled by scholars based on their understandings (fiqh). Sharia takes into account what is in the best interest for individuals and society as a whole, and creates a system of life for Muslims, covering every aspect, such as worship, beliefs, ethics, transactions, etc.

Muslim life is governed by Sharia – a very personal imperative. For a Muslim living in secular lands, that is what Sharia is limited to – prayers, fasting, charity and private transactions such as not dealing with interest, marriage and divorce issues, etc. Criminal statutes are one small part of the larger Sharia but are subject to interpretation, and strictly in the realm of a Muslim country that governs by it.

With respect to abortion, the first question asked is:

“Do women have rights over their bodies or does the government have rights over women’s bodies?”

The answer to this question comes from a different perspective for Muslims. Part of Islamic faith is the belief that our bodies are an amanah from God. The Arabic word amanah literally means fulfilling or upholding trusts. When you add “al” as a prefix, or al-amanah, trust becomes “The Trust”, which has a broader Islamic meaning. It is the moral responsibility of fulfilling one’s obligations due to Allah and fulfilling one’s obligations due to other humans.

The body is one such amanah. Part of that amanah includes the rights that our bodies have over us, such as taking care of ourselves physically, emotionally and mentally – these are part of a Muslim’s duty that is incumbent upon each individual.

While the Georgia and Alabama laws in the United States that make abortion illegal after the 6-week mark of pregnancy are being mockingly referred to as “Sharia Law” abortion, the fact is that the real Sharia allows much more leniency in the matter than these laws do.

First of all, it is important to be unambiguous about one general ruling: It is unanimously agreed by the scholars of Islam that abortion without a valid excuse after the soul has entered the fetus is prohibited entirely. The question then becomes, when exactly does the soul enter the fetus? Is it when there is a heartbeat? Is it related to simple timing? Most scholars rely on the timing factor because connecting a soul to a heartbeat itself is a question of opinion.

Web MD

The timing then is also a matter of ikhtilaf, or scholarly difference of opinion:

One Hundred and Twenty Days:

The majority of the traditional scholars, including the four madhahib, are united upon the view that the soul certainly is within the fetus after 120 days of pregnancy, or after the first trimester.

This view is shaped by  the following hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إن أحدكم يجمع خلقه في بطن أمه أربعين يوما ثم يكون في ذلك علقة مثل ذلك ثم يكون في ذلك مضغة مثل ذلك ثم يرسل الملك فينفخ فيه الروح..

“For every one of you, the components of his creation are gathered together in the mother’s womb for a period of forty days. Then he will remain for two more periods of the same length, after which the angel is sent and insufflates the spirit into him.”

Forty Days:

The exception to the above is that some scholars believe that the soul enters the fetus earlier, that is after the formation phase, which is around the 40 days mark of pregnancy.

This view is based on another hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إذا مر بالنطفة إثنتان وأربعون ليلة بعث الله إليها ملكاً، فصوره، وخلق سمعها وبصرها وجلدها ولحمها وعظمها…

“If a drop of semen spent in the womb forty-two nights, Allah sends an angel to it who depicts it and creates its ears, eyes, skin, flesh and bones.”

Between the two views, the more widespread and popular opinion is the former, which is that the soul enters the fetus at the 120 days (or 4 months) mark, as the second hadith implies the end of the formation period of the fetus rather than the soul entering it.

Even if one accepts that the soul enters the fetus at a certain timing mark, it does not mean that the soul-less fetus can be aborted at any time or for any reason. Here again, like most matters of Islamic jurisprudence, there is ikhtilaf of scholarly difference of opinion.

No Excuse Required:

The Hanafi madhhab is the most lenient, allowing abortion during the first trimester, even without an excuse.

Some of the later scholars from the Hanafi school consider it makruh or disliked if done without a valid reason, but the majority ruled it as allowed.

Only Under Extreme Risks:

The Malikis are the most strict in this matter; they do not allow abortion even if it is done in the first month of pregnancy unless there is an extreme risk to the mother’s health.

Other Views:

As for the Shafi’i and Hanbali schools of thought, there are multiple opinions within the schools themselves, some allowing abortion, some only allowing it in the presence of a valid excuse.

Valid excuses differ from scholar to scholar, but with a strong and clear reason, permissibility becomes more lenient. Such cases include forced pregnancy (caused by rape), reasons of health and other pressing reasons.

For example, consider a rape victim who becomes pregnant. There is hardly a more compelling reason (other than the health of the mother) where abortion should be permitted. A child born as a result in such circumstances will certainly be a reminder of pain and discomfort to the mother. Every time the woman sees this child, she will be reminded of the trauma of rape that she underwent, a trauma that is generally unmatched for a woman. Leaving aside the mother, the child himself or herself will lead a life of suffering and potentially neglect. He or she may be blamed for being born– certainly unjust but possible with his or her mother’s mindset. The woman may transfer her pain to the child, psychologically or physically because he or she is a reminder of her trauma. One of the principles of Sharia is to ward off the greater of two evils. One can certainly argue that in such a case where both mother and child are at risk of trauma and more injustice, then abortion may indeed be the lesser of the two.

The only case even more pressing than rape would be when a woman’s physical health is at risk due to the pregnancy. Where the risk is clear and sufficiently severe (that is can lead to some permanent serious health damage or even death) if the fetus remained in her uterus, then it is unanimously agreed that abortion is allowed no matter what the stage of pregnancy. This is because of the Islamic principle that necessities allow prohibitions. In this case, the necessity to save the life of the mother allows abortion, which may be otherwise prohibited.

This is the mercy of Sharia, as opposed to the popular culture image about it.

Furthermore, the principle of preventing the greater of two harms applies in this case, as the mother’s life is definite and secure, while the fetus’ is not.

Absolutely Unacceptable Reason for Abortion:

Another area of unanimous agreement is that abortion cannot be undertaken due to fear of poverty. The reason for this is that this mindset collides with having faith and trust in Allah. Allah reminds us in the Quran:

((وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ ۖ نَّحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ ۚ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا))

“And do not kill your children for fear of poverty, We provide for them and for you. Indeed, their killing is ever a great sin.” (Al-Israa, 31)

Ignorance is not an excuse, but it is an acceptable excuse when it comes to mocking Islam in today’s world. Islam is a balanced religion and aims to draw ease for its adherents. Most rulings concerning fiqh are not completely cut out black and white. Rather, Islamic rulings are reasonable and consider all possible factors and circumstances, and in many cases vary from person to person.

Abortion is not a simple option of being pro-life or pro-choice. These terms have become political tools rather than sensitive choices for women who ultimately suffer the consequences either way.

Life means a lot more than just having a heartbeat. Islam completely recognizes this. Thus, Islamic rulings pertaing to abortion are detailed and varied.

As a proud Muslim, I want my fellow Muslims to be confident of their religion particularly over sensitive issues such as abortion and women’s rights to choose for themselves keeping the Creator of Life in focus at all times.

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#Current Affairs

Sri Lankan Muslims To Fast In Solidarity With Fellow Christians

Raashid Riza

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On Sunday morning Sri Lankan Christians went to their local churches for Easter services, as they have done for centuries. Easter is a special occasion for Christian families in ethnically diverse Sri Lanka. A time for families to gather to worship in their churches, and then to enjoy their festivities. Many went to their local church on Sunday morning to be followed by a traditional family breakfast at home or a local restaurant.

It would have been like any other Easter Sunday for prominent mother-daughter television duo, Shanthaa Mayadunne and Nisanga Mayadunne. Except that it wasn’t.

Nisanga Mayadunne posted a family photograph on Facebook at 8.47 AM with the title “Easter breakfast with family” and had tagged the location, the Shangri-La Hotel in Colombo. Little would she have known that hitting ‘post’ would be among the last things she would do in this earthly abode. Minutes later a bomb exploded at the Shangri-La, killing her and her mother.

In more than a half a dozen coordinated bomb blasts on Sunday, 360 people have been confirmed dead, with the number expected to most likely rise. Among the dead are children who have lost parents and mothers & fathers whose families will never be together again.

Many could not get past the church service. A friend remembers the service is usually so long that the men sometimes go outside to get some fresh air, with women and children remaining inside – painting a vivid and harrowing picture of the children who may have been within the hall.

Perpetrators of these heinous crimes against their own faith, and against humanity have been identified as radicalised Muslim youth, claiming to be part of a hitherto little-known organisation. Community leaders claim with much pain of how authorities were alerted years ago to the criminal intent of these specific youth.

Mainstream Muslims have in fact been at the forefront not just locally, but also internationally in the fight against extremism within Muslim communities. This is why Sri Lankan Muslims are especially shaken by what has taken place when men who have stolen their identity commit acts of terror in their name. Sri Lankan Muslims and Catholics have not been in conflict in the past, adding to a palimpsest of reasons that make this attack all the more puzzling to experts. Many here are bewildered as to what strategic objective these terrorists sought to achieve.

Sri Lankan Muslims Take Lead

Sri Lankan Muslims, a numerical minority, though a well-integrated native community in Sri Lanka’s colourful social fabric, seek to take lead in helping to alleviate the suffering currently plaguing our nation.

Promoting love alone will not foster good sustainable communal relationships – unless it is accompanied by tangible systemic interventions that address communal trigger points that could contribute to ethnic or religious tensions. Terror in all its forms must be tackled in due measure by law enforcement authorities.

However, showing love, empathy and kindness is as good a starting point in a national crisis as any.

Sri Lankan Muslims have called to fast tomorrow (Thursday) in solidarity with their fellow Christian and non-Christian friends who have died or are undergoing unbearable pain, trauma, and suffering.  Terror at its heart seeks to divide, to create phases of grief that ferments to anger, and for this anger to unleash cycles of violence that usurps the lives of innocent men, women, and children. Instead of letting terror take its course, Sri Lankans are aspiring to come together, to not let terror have its way.

Together with my fellow Sri Lankan Muslims, I will be fasting tomorrow from dawn to dusk. I will be foregoing any food and drink during this period.

It occurs to many of us that it is unconscientious to have regular days on these painful days when we know of so many other Sri Lankans who have had their lives obliterated by the despicable atrocities committed by terrorists last Sunday. Fasting is a special act of worship done by Muslims, it is a time and state in which prayers are answered. It is a state in which it is incumbent upon us to be more charitable, with our time, warmth and whatever we could share.

I will be fasting and praying tomorrow, to ease the pain and suffering of those affected.

I will be praying for a peaceful Sri Lanka, where our children – all our children, of all faiths – can walk the streets without fear and have the freedom to worship in peace.

I will be fasting tomorrow for my Sri Lanka. I urge you to do the same.

Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ. Surah Maidah

Raashid Riza is a Sri Lankan Muslim, the Politics & Society Editor of The Platform. He blogs here and tweets on @aufidius.

 

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#Life

Are You Prepared for Marriage and Building a Family?

Mona Islam

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High School is that time which is ideal for preparing yourself for the rest of your life. There is so much excitement and opportunity. Youth is a time of energy, growth, health, beauty, and adventure. Along with the thrill of being one of the best times of life, there is a definite lack of life experience. In your youth, you end up depending on your own judgments as well as the advice of others who are further along the path. Your own judgments usually come from your own knowledge, assumptions, likes, and dislikes. No matter how wise, mature, or well-intended a youth is compared to his or her peers, the inherent lack of life experience can also mislead that person to go down a path which is not serving them or their loved ones best. A youth may walk into mistakes without knowing, or get themselves into trouble resulting from naivety.

Salma and Yousef: 

Salma and Yousef had grown up in the same community for many years. They had gone to the same masjid and attended youth group together during high school. After going off to college for a few years, both were back in town and found that they would make good prospects for marriage for each other. Yousef was moving along his career path, and Salma looked forward to her new relationship. Yousef was happy to settle down. The first few months after marriage were hectic: getting a new place, organizing, managing new jobs and extended family. After a few months, they began to wonder when things would settle down and be like the vision they had about married life.

Later with valuable life experience, we come to realize that the ideas we had in our youth about marriage and family are far from what are they are in reality. The things that we thought mattered in high school, may not matter as much, and the things that we took for granted really matter a lot more than we realized. In retrospect, we learn that marriage is not simply a door that we walk through which changes our life, but something that each young Muslim and Muslima should be preparing for individually through observation, introspection, and reflection. In order to prepare for marriage, each person must intend to want to be the best person he or she can be in that role. There is a conscious process that they must put themselves through.

This conscious process should begin in youth. Waiting until marriage to start this process is all too late. We must really start preparing for marriage as a conscious part of our growth, self-development, and character building from a young age. The more prepared we are internally, the better off we will be in the process of marriage. The best analogy would be the stronger the structure and foundation of a building, the better that building will be able to serve its purpose and withstand the environment. Another way to think of this process is like planting a seed. We plant a seed long before the harvest, but the more time, care, and attention, the more beautiful and beneficial the fruits will be.

 

Sarah and Hasan:

Hasan grew up on the East Coast. He had gone to boarding school all through high school, especially since his parents had died in an unfortunate accident. His next of kin was his aunt and uncle, who managed his finances, and cared for him when school was not in session. Hasan was safe and comfortable with his aunt and uncle, but he always felt there was something missing in his life. During his college years, Hasan was introduced to Sarah and eventually they decided to get married.

The first week of his new job, Hasan caught a really bad case of the flu that made it hard for him to get his projects done. Groggy in bed, he sees Sarah appear with a tray of soup and medicine every day until he felt better. Nobody had ever done that for him before. He remembered the “mawaddah and rahmah” that the Quran spoke of.

Knowledge, Skills, and Understanding:

The process of growing into that person who is ready to start a family is that we need to first to be aware of ourselves and be aware of others around us. We have to have knowledge of ourselves and our environment. With time, reflection and life experience, that knowledge activates into understanding and wisdom. This activity the ability to make choices between right and wrong, and predict how our actions will affect others related to us.

Preview:

This series is made up of several parts which make up a unit about preparation for family life. Some of the topics covered include:

  • The Family Unit In Islam
  • Characteristics of an Individual Needed for Family Life
  • The Nuclear Family
  • The Extended Family

Hamza and Tamika

Tamika and Hamza got married six months ago. Tamika was getting her teacher certification in night school and started her first daytime teaching job at the local elementary school. She was shocked at the amount of energy it took to manage second graders. She thought teaching was about writing on a board and reading books to kids, but found out it had a lot more to do with discipline, speaking loudly, and chasing them around. This week she had state testing for the students and her finals at night school. She was not sure how to balance all this with her new home duties. One day feeling despair, she walked in her kitchen and found a surprise. Hamza had prepared a beautiful delicious dinner for them that would last a few days, and the home looked extra clean too. Tamika was pleasantly surprised and remembered the example of our Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him).

The Family Unit in Islam

We always have to start with the beginning. We have to ask, “What is the family unit in Islam?” To answer this we take a step further back, asking, “What is the world-wide definition of family? Is it the same for all people? Of course not. “Family” means a lot of different things to a lot of different people across the world. As Muslims, what family means to us, is affected by culture and values, as well as our own understanding of Islam.

The world-wide definition of family is a group of people who are related to each other through blood or marriage. Beyond this point, is where there are many differences in views. Some people vary on how distantly related to consider a family. In some cultures, family is assumed to be only the nuclear family, consisting of mom dad and kids only. Other cultures assume family includes an extended family. Another large discrepancy lies in defining family roles and responsibilities. Various cultures promote different behavioral norms for different genders or roles in the family. For example, some cultures promote women staying at home in a life of luxury, while others esteem women joining the workforce while raising their kids on the side. Living styles vary too, where some cultures prefer individual family homes, while in other parts of the world extended families live together in large buildings always interacting with each other.

 

Layla and Ibrahim   

Layla and Ibrahim met at summer retreat where spirituality was the focus, and scholars were teaching them all day. Neither of them was seriously considering getting married, but one of the retreat teachers thought they might make a good match. It seemed like a fairytale, and the retreat gave them an extra spiritual high. Layla could not imagine anything going wrong. She was half Italian and half Egyptian, and Ibrahim came from a desi family. Soon after the nikah, Layla moved across the country into Ibrahim’s family home, where his parents, three siblings, and grandmother lived.  Come Ramadan, Layla’s mother-in-law, Ruqayya, was buying her new clothes to wear to the masjid. It was out of love, but Sarah had never worn a shalwar kameez in all her life! Ruqayya Aunty started getting upset when Layla was not as excited about the clothes as she was.

As Eid approached, Layla had just picked a cute dress from the department store that she was looking forward to wearing. Yet again, her mother-in-law had other plans for her.

Layla was getting upset inside. It was the night before Eid and the last thing she wanted to do was fight with her new husband. She did not want that stress, especially because they all lived together. At this point, Layla started looking through her Islamic lecture notes. She wanted to know, was this request from her mother-in-law a part of the culture, or was it part of the religion?

Marriage

The basis of all families, undoubtedly, is the institution of marriage. In the Islamic model, the marriage consists of a husband and a wife. In broad terms, marriage is the commitment of two individuals towards each other and their children to live and work together to meet and support each other’s needs in the way that they see fit. What needs they meet vary as well, from person to person, and family to family. The marriage bond must sustain the weight of fulfilling first their own obligations toward each other. This is the priority. The marriage must also be strong enough to hold the responsibility of raising the kids, and then the extended family.

How are we as Muslims unique and what makes us different from other family models? We are responsible to Allah. The end goals are what makes us different, and the method in which we work. In other family systems, beliefs are different, goals are different, and the motives are different. Methods can especially be different. In the end, it is quite a different system. What makes us better? Not because we say we are better or because we automatically feel better about ourselves due to a misplaced feeling of superiority. But instead it is because we are adhering to the system put in place by the most perfect God, Allah, the Creator and Sustainer of all the worlds, the One Who knows best what it is we need.

Family Roles:

Each person in the family has a role which Allah subḥānahu wa ta'āla (glorified and exalted be He) has meant for them to have, and which ethics and common sense tell us to follow. However, our nafs and ego can easily misguide us to live our family life in the wrong way, which is harmful and keeps us suffering. Suffering can take place in many ways. It can take place in the form of neglect or abuse. In the spectrum of right and wrong, Allah subḥānahu wa ta'āla (glorified and exalted be He) tells us that we are a nation meant for the middle path. So we should not go to any extreme in neglect or abuse.

What are the consequences of mishandling our family roles? Allah subḥānahu wa ta'āla (glorified and exalted be He) calls this type of wrongdoing “transgression” or “oppression”. There are definitely consequences of oppression, abuse, and neglect. There are worldly consequences which we feel in this life, and there are long term consequences in the Akhirah.

Razan and Farhaan

Razan and Farhan had gotten married two years ago. Since they were from different towns, Razan would have to move to Farhaan’s hometown. On top of the change of married life, Razan felt pangs of homesickness and did not know many people in the new town. However, Farhaan did not realize what she was going through. He still had the same friends he grew up with for years. They had a die-hard routine to go to football games on Friday night and play basketball on Saturday at the rec center.

Razan was losing her patience. How could he think it was okay to go out with his friends twice on the weekend? Yet he expected her to keep the home together? Her blood started to boil. What does Islam say about this?

Mawaddah and Rahma

The starting point of a family is a healthy relationship between the husband and wife. Allah SWT prescribed in Surah 25: verse 74, that the marriage relationship is supposed to be built on Mawaddah (compassion) and Rahma (mercy). A loving family environment responds to both the needs of the children and the needs of parents. Good parenting prepares children to become responsible adults.

Aliyaah and Irwan

Aliyaah and Irwan had homeschooled their twin children, Jannah and Omar, for four years. They were cautious about where to admit their children for the next school year. Aliyaah felt that she wanted to homeschool her children for another few years. There were no Islamic Schools in their town. Irwan wanted to let his kids go to public schools. He felt that was nothing wrong with knowing how things in the real world are. However, every conversation they started about this issue ended up into a conflict or fight. This was beginning to affect their relationship.

Parenting

Two significant roles that adults in a family play are that they are married and they are parents. It is important that parents work to preserve and protect their marital relationship since it is really the pillar which supports the parenting role. Parenting is a role which Allah subḥānahu wa ta'āla (glorified and exalted be He) directly addresses in our religion. We will be asked very thoroughly about this most important role which we will all play in our lives.

There is a hadith in which the Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) reminds us,

“All of you are shepherds and responsible for your wards under you care. The imam is the shepherd of his subjects and is responsible for them, and a man is a shepherd of his family and is responsible for them. A woman is the shepherd of her husband’s house and is responsible for it. A servant is the shepherd of his master’s belongings and is responsible for them. A man is the shepherd of his father’s property and is responsible for them”. (Bukhari and Muslim)

Islam has placed a lot of importance on the family unit. A family is the basic building block of Islam. A strong family can facilitate positive social change within itself and the society as a whole. The Quran asserts that human beings are entrusted by their Creator to be his trustees on Earth, thus they need to be trained and prepared for the task of trusteeship (isthiklaf).

Asa youth, it is important to make a concerted effort to develop our family skills so that we grow into that role smoothly. Proper development will prepare a person emotionally, mentally, spiritually, and physically for marriage and family life.

Mona Islam is a youth worker, community builder, motivational speaker, writer, and author. For the past 25 years, Sr. Mona has been on the forefront of her passion both locally and nationally, which is inculcating character development in youth (tarbiyah).  Sr. Mona has extensive knowledge of Islamic sciences through the privilege of studying under many scholars and traveling worldwide.  An educator by profession, she is a published author, completed her masters in Educational Admin and currently doing her doctorate in Curriculum and Instruction. Sr. Mona is married with five children and lives in Houston, TX.

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