scholarly journals The Maximus of Necessity and Its Application to Organ Transplantation: An Islamic Bioethical Perspective

2021 ◽  
Vol 20 (3) ◽  
pp. 511-524
Author(s):  
Fazli Dayan ◽  
Mian Muhammad Sheraz ◽  
Abu Kholdun Al Mahmood ◽  
Sharmin Islam
Keyword(s):  
Organ Transplantation ◽  
Islamic Law ◽  
Human Life ◽  
Medical Science ◽  
Biomedical Ethics ◽  
Legal Rights ◽  
Western World ◽  
World Religions ◽  
Human Needs ◽  
Other World

Islam is second largest religion being practiced around the globe. It is fastest growing believe and rapidly expanding in the western world despite several misunderstanding including Islamic standpoint on organ transplantation and tissue grafting. The objective of this study is to determine the Islamic view point on organ transplantation and tissue grafting with special reference pertaining to human needs under the ambit of Shariah doctrine of necessity and world religions. Since, Islam and other world religions have given immense consideration to humans whether they are alive or dead, and the desecration of human body is considered a violation sufficed to a great sin. Injunctions of the holy Quran and Sunnah have evidently expressed sanctity to human life/body. Hence, taking one’s life without a legal rights or even inflicting any sort of harm, injury, and aggression against an individual is terming an unlawful act. Notably, some scholars contended that, classical jurists’ are silent on the issue of organ transplantation predominantly the transfer of organs from one species to another species. But, in reality, our argument is that, the organ re-plantation can be seen in the Prophetic era. However, as per their view, the reason is obvious, since the organ transplantation associated with the advancement of science. Accordingly, the recent progress in transplant sciences were not totally known to the classical jurists, although, issues pertaining to the sale of human organs have been discussed by them (jurists). Similarly, many other innovative matters can be seen in Prophetic traditions, and that is why, as per jurist’s assertion, it can practically be traced in the Prophetic era.Consequently, this study argues that, the permissibility of organ donation and transplantation somehow mentioned in the main sources of Islamic law and biomedical ethics. Therefore, the basis and rules of permissibility will be derived while discussing organ transplantation, particularly in homo, allotransplant and other inter-related issues under the rubric of necessity doctrine. Bangladesh Journal of Medical Science Vol.20(3) 2021 p.511-524

Ethical issues in Kidney Transplantation and “An” Islamic perspective

2021 ◽  
Vol 20 (2) ◽  
pp. 241-249
Author(s):  
Mohammad Yousuf Rathor ◽  
Azarisman SM Shah ◽  
Nur Raziana Bt Rozi ◽  
Che Rosle Draman ◽  
Wan Ahmad Syahril
Keyword(s):  
Kidney Transplantation ◽  
Organ Donation ◽  
Organ Transplantation ◽  
Islamic Law ◽  
Ethical Issues ◽  
Human Life ◽  
Medical Science ◽  
Solid Organ Transplantation ◽  
Solid Organ ◽  
Living Kidney Donor

Kidney transplantation (KT) is currently the most realistic treatment option for patients with end-stage renal disease (ESRD) as it enables them to live longer and provides better quality of life post-transplantation. Before the 1960s, all these patients would die as there was no treatment available. It is the commonest solid organ transplantation carried out in the world at the moment. Organs are harvested from living or cadaveric donors, with living kidney donor organs generally functioning better and for longer periods of time compared to the latter. Issues surrounding organ transplantation in general and kidney transplantation in particular, are fraught with ethical dilemmas due to the shortage of organs, the logistics behind the acquisition of organs, use of living donors including minors and the black market that has sprouted thereof. Entwined in this quagmire are the legal, social and psychological consequences for the individuals involved and the society at large. It is further compounded by religious concerns, which have a significant influence on the society’s acceptance of the practice of organ donation. The practice of organ transplantation is generally accepted by most Islamic scholars as it is concordant to the objectives of Islamic Law (maqasid al Sharī’ah) which prioritize the preservation of human life. However, resistances do arise from some jurists and even physicians of the same Islamic faith despite a fatwas decreeing that organ and tissue transplantations are permissible in Islam under certain conditions. The take-up of organ-donation is still largely poor especially among Muslims. This article therefore hopes to explore the various moral and ethical issues surrounding KT as well as the Islamic viewpoints emanating from it. We hope that this knowledge and understanding will benefit both health-care personnel and the public in general. Bangladesh Journal of Medical Science Vol.20(2) 2021 p.241-249

Quality of Life

2030 ◽  
2010 ◽  
Author(s):  
Rutger van Santen ◽  
Djan Khoe ◽  
Bram Vermeer
Keyword(s):  
Life Expectancy ◽  
Human Life ◽  
Medical Science ◽  
Medical Intervention ◽  
Western World ◽  
Past Century ◽  
Old People ◽  
The Past ◽  
Two Generations ◽  
Prompt Action

How old will our children live to be? 120? 150? The average human life span continues to lengthen, and more and more of us will enjoy a long life. A substantial proportion of today’s children will one day celebrate their 100th birthday, whereas back in 1900, half of all human beings were dead by the age of 37. Life expectancy in the Western world has advanced with remarkable speed, which means the number of old people is also increasing rapidly. A century ago, a mere 1 percent of the world’s population was aged older than 65. By 2050, that figure will be about 20 percent. Babies born in 2010 will live an average of 20 years longer than those born in 1950. Life expectancy increases 3 years for each decade that passes, reflecting ongoing progress in technology. The necessities of life are provided more efficiently than they were a century ago, certainly in the West. There is enough to eat, and we are well clothed and sheltered. Advances in medical science mean we can live longer without falling victim to disease. And if we do get sick, we can survive longer. Chronic illness, heart conditions, and cancer are no longer necessarily a death sentence. People in the developed world now live so long that the main causes of death for those under 50—violence and suicide—lie beyond the reach of medical technology. We only become dependent on medical intervention later in our lives, as the age at which we begin to “break down” has risen progressively over the past century. Today’s old people are much sprightlier than their counterparts in the past. A person now aged 75 frequently has a similar level of health, vitality, and joie de vivre as a 65-year-old two generations ago. We wear out less, our living conditions are better, and prompt action is taken if something goes wrong. Most important, many people believe it is worthwhile to live longer as we can enjoy the extra years in good health and pleasant circumstances.

scholarly journals CRISPR Cas-9 genome editing and Islam: A religious perspective

2018 ◽  
Vol 18 (1) ◽  
pp. 7-13
Author(s):  
Fazli Dayan
Keyword(s):  
Genome Editing ◽  
Islamic Law ◽  
Germ Line ◽  
Human Life ◽  
Medical Science ◽  
Living Standard ◽  
Legal Principles ◽  
The One ◽  
Minor Disease ◽  
A Minor

Background: Certainly, the ultimate aim of Islamic law is to “protect human life” either through mitigation of hardship or recognition of public interests reckons biomedical innovations allowable where-if cling by ethical, moral and legal principles. Assertively, if–CRISPR Cas- 9 genome editing–methods based on the guided principles of Islamic law and jurisprudence, as “harm has to be redressed” can be justified keeping in view the human dignity, honor and prestige. Hence, newer technologies can be adopted because “necessity renders prohibited things as permissible” with certain caveats. Arguably those who consider it as an evil must think over that “in the presence of two evils, the one whose injury is greater is avoided by the commission of the lesser”. Conclusion: Therefore if Cas-9 based method leaning towards evils, even then it can be acceptable in case where an atypical germ-line sequence can affect the next generation, which is indeed a great evil, and “the lesser of evils is preferred over the greater one” renders it permissible with a view it might enhance human health and living standard. Conversely, curing a minor disease if causing another equal infirmity or greater should be rendered forbidden as “harm cannot be removed by harm”, then, “a greater harm can be removed by a lesser one” germ-line editing/alteration in severe cases will be allowed on the basis of necessity. Bangladesh Journal of Medical Science Vol.18(1) 2019 p.7-13

scholarly journals 從佛教倫理學看待器官移植問題: 淨土宗的觀點

2008 ◽  
Vol 6 (1) ◽  
pp. 77-95
Author(s):  
Bin ZHANG
Keyword(s):  
Organ Transplantation ◽  
Human Life ◽  
Medical Science ◽  
Point Of View ◽  
The Body ◽  
Pure Land ◽  
Final Destination ◽  
Buddhist Tradition ◽  
Pure Land Buddhism ◽  
Cadaver Organ

LANGUAGE NOTE | Document text in Chinese; abstract also in English.器官移植的問題是當代生命倫理學的一個重要問題。如果從人類自身利益出發，這種被視為拯救危重病人生命的技術，的確是醫學科學的進步，但它涉及的社會倫理道德問題十分廣泛。如果從佛教倫理學——淨土宗的觀點出發，即以緣起論來認識屍體器官移植，則認為器官移植會使死者因強烈的痛苦而生嗔惱，障礙死者往生淨土；佛教的生死分際的判定標準——阿陀那識執受根身則認為腦死亡概念是由於器官移植術而產生的“腦死”名詞。另外，佛教的護生觀和平等觀反對異種移植和器官商業化。站在佛法的角度，器官移植不僅有違“眾生平等”的精神，而且可能成為“殺生利器”。The problem of organ transplantation is an important issue in contemporary bioethics. From the vantage point of view of benefiting the human life, organ transplantation can be seen as lifesaving technology and a sign of a great progress of medical science. Nevertheless, organ transplantation involves profound ethical dimensions and ambiguities. This paper offers a study of organ transplantation from the perspective of Pure Land Buddhism. Shall then employ the Buddhist theories such as dependant origination, karma, reincarnation, and compassion to approach issues regarding cadaver organ transplantation, brain death, xeno-transplantation, and organ trading. Since Buddhist tradition holds the view that the consciousness does not leave the body that is pronounced dead immediately, it would be a problem if the organ is removed from “the dead,” which might interrupt the final destination of rebirth. The paper concludes that organ transplantation is a kind of human technology that violates the basic spirit of Buddhism.DOWNLOAD HISTORY | This article has been downloaded 527 times in Digital Commons before migrating into this platform.

scholarly journals Fatwa & Sains Perubatan Moden Menurut Perspektif Maqasid Syariah (Fatwa & Modern Medical Sciences From The Perspective of Maqasid Syariah)

2019 ◽  
Vol 6 (2-2) ◽  
Author(s):  
Arieff Salleh Rosman ◽  
Nurrulhidayah Ahmad Fadzillah ◽  
Zulkiflee Haron ◽  
Mohd Nasir Ripin ◽  
Aminuddin Hehsan ◽  
...  
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Medical Science ◽  
Belief System ◽  
Human Beings ◽  
Medical Sciences ◽  
Close Relationship ◽  
Healthy Family ◽  
Human Intellect ◽  
Healthy Community

Modern medical science and technology innovates various treatment methods that require legal clarification in accordance with Islamic law. Fatwa institutions play a role in producing explanations and solutions that coincide with the objective of Islamic law (maqasid Syariah). Life preservation as one of the objective of Islamic law has a close relationship with medical science. The objective of this article is to analyze the relation of medical science with the the objective of Islamic law and to analyze the application of the objective of Islamic law in the modern fatwa related to medical sciences. This is a qualitative study using content analysis method. The findings show that medical science has a significant relationship with the achievement of the objective of Islamic law. Medical science based on Islamic law can fulfill the five basic needs that are the core of the objective of Islamic law. Medical science that cares for the health of individuals and societies help individuals and communities perform the perfect worship as well as the commitment of religious life with which it can safeguard muslim belief system. Medical science also safeguarding the safety of human life. Human intellect can only be maintained by practicing a healthy living culture. A healthy individual can build a healthy family and society to ensure the survival of human beings with which it can preserve the human descendants. Healthy community members can live productively to preserve their wealth.

Spiritual Healing, Sick Kids and the Law: Inequities in the American Healthcare System

2003 ◽  
Vol 29 (2-3) ◽  
pp. 269-299
Author(s):  
Janna C. Merrick
Keyword(s):  
Medical Science ◽  
Spiritual Healing ◽  
Best Interests ◽  
Legal Rights ◽  
High Tech ◽  
Divine Love ◽  
Religious Minority ◽  
Human Need ◽  
East End ◽  
The Church

Main Street in Sarasota, Florida. A high-tech medical arts building rises from the east end, the county's historic three-story courthouse is two blocks to the west and sandwiched in between is the First Church of Christ, Scientist. A verse inscribed on the wall behind the pulpit of the church reads: “Divine Love Always Has Met and Always Will Meet Every Human Need.” This is the church where William and Christine Hermanson worshipped. It is just a few steps away from the courthouse where they were convicted of child abuse and third-degree murder for failing to provide conventional medical care for their seven-year-old daughter.This Article is about the intersection of “divine love” and “the best interests of the child.” It is about a pluralistic society where the dominant culture reveres medical science, but where a religious minority shuns and perhaps fears that same medical science. It is also about the struggle among different religious interests to define the legal rights of the citizenry.

World Christianity, ‘World Religions’ and the Challenge of Insider Movements

2020 ◽  
Vol 26 (1) ◽  
pp. 84-103
Author(s):  
Christian J. Anderson
Keyword(s):  
Religious Studies ◽  
World Religion ◽  
World Religions ◽  
Historical Series ◽  
Enlightenment Project ◽  
World Christianity ◽  
Other World ◽  
Religious Systems ◽  
The One ◽  
Insider Movements

While studies in World Christianity have frequently referred to Christianity as a ‘world religion’, this article argues that such a category is problematic. Insider movements directly challenge the category, since they are movements of faith in Jesus that fall within another ‘world religion’ altogether – usually Islam or Hinduism. Rather than being an oddity of the mission frontier, insider movements expose ambiguities already present in World Christianity studies concerning the concept of ‘religion’ and how we understand the unity of the World Christian movement. The article first examines distortions that occur when religion is referred to on the one hand as localised practices which can be reoriented and taken up into World Christianity and, on the other hand, as ‘world religion’, where Christianity is sharply discontinuous with other world systems. Second, the article draws from the field of religious studies, where several writers have argued that the scholarly ‘world religion’ category originates from a European Enlightenment project whose modernist assumptions are now questionable. Third, the particular challenge of insider movements is expanded on – their use of non-Christian cultural-religious systems as spaces for Christ worship, and their redrawing of assumed Christian boundaries. Finally, the article sketches out two principles for understanding Christianity's unity in a way that takes into account the religious (1) as a historical series of cultural-religious transmissions and receptions of the Christian message, which emanates from margins like those being crossed by insider movements, and (2) as a religiously syncretic process of change that occurs with Christ as the prime authority.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

PENERAPAN SOSIODRAMA DALAM MENINGKATKAN KEMAMPUAN MENGELOLA KONFLIK REMAJA

2019 ◽  
Vol 11 (1) ◽  
pp. 81-104
Author(s):  
Adam Adam
Keyword(s):  
High School ◽  
Junior High School ◽  
Social Problems ◽  
Transition Period ◽  
Human Life ◽  
Negative Effects ◽  
Human Relationships ◽  
Human Needs ◽  
Social Disintegration ◽  
Group Members

The process of human development is inseparable from the influence of the environment, so the development of adolescents who sit in junior high school will be different from adolescents in high school, or in college, even though human life is definitely not going to be separated from the past and the future. Adolescence is one of the development periods experienced by humans in their lives. During the transition, adolescents are in an unstable condition. There is a feeling of insecurity, because they have to change or change the behavior patterns of adolescents from children to adults. From this transition period the potential for social conflict arises, because of the desire to meet human needs. Sociodrama is one of the techniques in group guidance that aims to solve social problems that arise in human relationships that can be implemented if most group members face similar social problems, or if they want to practice or change certain attitudes. Conflicts can have positive or negative effects, and they always exist in life. The problem is how the conflict can be managed in such a way that it does not cause social disintegration. Therefore, it needs a conflict management, so that the conflict can be controlled and directed

scholarly journals Social capital in cooperatives: an evolutionary Luhmannian perspective

2021 ◽  
Author(s):  
Vladislav Valentinov ◽  
Constantine Iliopoulos
Keyword(s):  
Social Capital ◽  
Economic System ◽  
Empirical Literature ◽  
Western World ◽  
Agricultural Cooperatives ◽  
Recent Contribution ◽  
Human Needs ◽  
Self Help ◽  
Extensive Range ◽  
Broad Variety

AbstractIn a recent contribution to this journal, Deng et al. (2021) draw on an extensive range of theoretical and empirical literature to make the case for the tendency of social capital resources of agricultural cooperatives in the Western world to decline over time. The present paper revisits this argument by drawing on a Luhmannian systems-theoretic perspective that takes the capitalist economic system to be limitedly sensitive and receptive to a broad variety of human needs. Whereas many of these needs remain marginalized and neglected, some of them may be codified or translated into a profit-making calculus. Cooperatives are shown to present one of the channels through which this codification may be possible; namely, the codification effect of cooperatives enables the incorporation of a multitude of mutual self-help activities into the economic system. This incorporation gives rise to intrasystemic adjustment processes that can be considered complete when the mutual self-help activities introduced by cooperatives no longer require the cooperative form and are integrated into the activities of investor-owned firms. If this view is accepted, then declining social capital may be an indicator of the successful codification process, which helps to make the economic system less exclusionary and more sensitive to human needs.

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