Professional Documents
Culture Documents
July 2010
July 2010
BOARD OF DIRECTORS
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IN THIS ISSUE
“The MINARET’ may not necessarily agree with the opinions of the writers
Approved for Schools, Colleges and Educational Institutions vide Circular No. (DE / F.
Pub / 11- A) ——(3082-3390) 72, Directorate of Education, Karachi Region, dated 8-5-1972
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Amid the daily gloom of the continuing cross-roads of our history as an Ummah.
plight of terrorism the news spectrums Never in the history of Islam, Muslims
are awash with extremism across the have faced such odds. It is easy to blame
country. A feeling of uncertainty is gripping the West for the slanderous and
the nation, worsened by a fear of unknown. misleading campaigns or distorting the
Most people are wondering as to what is image of Islam. But before blaming others
in store for Pakistan. Riots, blasts, we must share some of it as we are ourself
explosions and batton weilding security equally responsible for the present
personnels have come to represent the predicament by providing support to the
face of the faith. Fanatics are threatening extremist group. Muslim militants are
law abiding citizens, kidnapping sowing seeds of poison and hatred
government servants and civilians to between the Muslims and the rest of the
settle various scores. The rulers have no humanity by committing agregious acts
defence against those militants and cannot of violence in the name of Islam.
protect the citizens anywhere in the
To avoid a meltdown a change in the
country. Ordinary people are at risk at all
political culture needs to occur. Extremism
times with no protection. It is not just the
has to be taken out and replaced with
militants but also the ordinary criminals
tolerance. The government can not do
against which the government appears
this alone. The clergy, the academics, the
helpless. Some are of the view that the
literati and the media have to bring this
law enforcing agencies are reduced to
about from the grass-root up.
humiliation of appeasing criminals,
performing service and allegedly making The extremist elements with ignorance
deals with them. Deals with criminals and and negligence of government and with
sycophants have allegedly become the their explicit blessing have been promoting
order of the day. their narrow interpretation of the Holy
Book and Sharia and spreading their
We are all in a difficult impasse and
radical beliefs in the country. Religious
fighting for an unknown future. Every
extremism has become a major threat to
compassionate Pakistani must be feeling
the continuation of civilized life in Pakistan,
hurt and turning within when extremism
often putting strain even on foreign
and Islam, terrorism and Pakistan are
relations. Abuse of the right to the religious
used side by side. Critics of Islam leave
freedom is rampant as evisoned by the
no opportunity to raise alarm by labelling
rise in religiously motivated crimes against
the faith as an “evil religion” and claiming
minorities. The extremist element, joining
that Islam promotes violence.
hands with Talibans, have let loose a reign
The global image of the Muslims has of terror, specially in the western border
been tarnished by a false perception that areas of Pakistan. Fanning out with their
they support terrorism. We are now at the brand of insurgency they are posing even
THE CODIFICATION
OF ISL AMIC L AW
IJTIHAD AND MUJTAHID
The island of Trinidad enjoys British Ijtihad, i.e., of interpreting the revealed
administration and is governed by British Law of God and of deducing new laws
Law. Those who wish to enter any such from it, can be done by X,Y,Z. Such a
Government service here which concerns monstrous suggestion simply staggers
itself with the administration of law are the imagination and it can possibly come
bound to qualify themselves in the only from those who have but a scant
knowledge of the British Law. For instance, regard for God and His Law!
even he who is desirous of holding the
job of a Police Sergeant must study the The word Ijtihad has been derived
sections of Criminal Law before he can from the root JAHAD, and literally means
be hired for the job. Thus every Police striving with full exertion. In Islamic
Sergeant in the colony can claim to legal terminology, it denotes the endeavour
possess the knowledge of Law. But, can of choosing, in the light of the Qur’an and
you ever conceive, that because of that the Sunnah, between two or more differing
knowledge of Law which a Police Sergeant legal interpretations and of deducing from
might possess, the Government can ever the Qur’an and the Sunnah, any new
consider him eligible for the post of the rulings for meeting new legal situations.
Judge of the Supreme Court or that of the One who performs Ijtihad is called
Attorney-General. If a Sergeant could Mujtahid.
equal a Barrister-at-Law or an LL.D., the
Lincoln’s Inn and the Faculties of Law at The learned men of Islam have laid
the great Universities would not exist. down certain qualifications in the light of
the Qur’an and the Sunnah, which a
No one can be given the right of person must possess for acting and for
interpreting the man-made laws, which being accepted as a Mujtahid. Allama
continue to change and to be amended Shah Waliullah of Delhi (on whom be
from day-to-day, unless he is a fully God’s Mercy!) has mentioned those
qualified Barrister-at-Law, nay, unless he qualifications in detail in his celebrated
has mastered the higher History of Law, book : Hujjatullahil-Baligha. I may
Social Psychology and Sociology, etc., summarise them here in their minimum
and can stand up in the true sense a form especially for the benefit of those
Doctor of Law. But, what a pity, that people simple-minded brothers and sisters of
can afford to believe that the work of mine who have been misled into the beleif
(2) The explanation and detailed (6) When the laws are framed and
exposition of the Quranic teachings by deduced from the Qur’an and the Hadith
the Holy Prophet ( ), in his Sayings and according to the rules of Usool-e-Fiqh,
Actions, forms the second basic source and they are arranged and systematised
of Islamic knowledge. Now that science in the form of a Law-code, the science is
which deals with the collection of those called Ilm-ul-Fiqh. There are a number of
Sayings and Actions of the Holy Prophet classics and numerous hand-books on
( ) is called the Science of Hadith. There that subject.
are numerous books on that subject, the
most well-known classical works being : In mentioning this classification of
The Sahih-al-Bukhari, Muslim, Abu Daud, Islamic sciences, my purpose is to give
Tirmizi, Ibn Majah, Muatta of Imam Malik, just an idea to my simple-minded brothers
Musnad of Imam Azam, Musnad of Imam and sisters who are being thrown into
Ahmad, etc., etc. There are several confusion concerning the Islamic legal
compendiums where the Traditions have schools by certain unconscientious people,
been arranged alphabetically, e.g. Kanz- who wish to establish their own hegemony
ul-Ummal and Bihar-ul-Anwar. There are and leadership and hence they propagate
some compilations arranged in a third all sorts of confusion. Some of them have
way, e.g., Ma’ani-ul-Athar. their ulterior sectarian ends to gain. Most
of them are ignorant of Islamic sciences
(3) The science which deals with the and the safest way they can adopt for
biographies of the reporters of Traditions their leadership is that of the denial of the
for the assessment of their worth, is known validity or the necessity of those sciences.
as the Science of Asma-ur-Rijal, and there Many of them are so unconscientious that
are many classical books relating to it. they impute absolutely false motives to
the Imams, to call them as gods besides
(4) The science which deals with the Allah, and to criminally impute Shirk
gradation of Traditions is known as the (polytheism) to the overwhelming majority
science of Usool-e-Hadith. of the Islamic world which accepts the
guidance of the Imams in the matter of
(5) The science which deals with the understanding the Islamic Law. Even a
Principles of Qur’an and the Hadith is blind man can see how far they are right.
known as the Usool-e-Fiqh, and there are Even the least intelligent person can grasp
several classical works and numerous the element of blasphemy in their stand.
explanatory books on that subject. Even the ordinary Muslim can understand
that:
(6) When the laws are framed and
deduced from the Qur’an and the Hadith (1) When the Commentator of the
according to the rules of Usool-e-Fiqh, Qur’an ponders over the verses of that
and they are arranged and systematised Sacred Book, in accordance with the
in the form of a Law-code, the science is principles of language and grammar and
called Ilm-ul-Fiqh. There are a number of in the light of the Traditions of the Holy
MINARET 8 July 2010
Prophet ( ), he is doing nothing else than behind, (they could devote themselves to
obeying the following command of the the task of) gaining sound knowledge in
Qur’an itself: religion”. (IX : 122).
“Do they not then earnestly seek to (6) The Imams of Fiqh, when they
understand the Qur’an”. (XLVII : 24). systematise the legal injuctions of Islam,
in the light of the Usool-e-Fiqh, do so
(2) The scholar of Hadis (Muhaddis), merely to carry out the Quranic injunction,
when he applied himself to the which forms the remaining part of the
understanding of the Holy Prophet’s ( ) verse just quoted, namely:
Sayings and Actions, does so only in
obedience to the Quranic teachings: “and they may warn their folk when
they return to them, so that they may
“He who obeys the Apostle, obeys beware”. (IX : 122).
God.” (IV : 80).
Those Imams only further the mission
(3) The scholar of Asma-ur-Rijal, when of the Holy Prophet ( ) referred to in the
he carried out the work of examining the following verse:
veracity of the reporters of the Traditions,
does so in conformity with the Quranic
“O Messenger! Make known that
principle of not accepting any report
which hath been revealed unto thee from
without exhaustive investigation.
thy Lord”. (V : 67)”.
“O ye who believe ! if an evil-liver
bring you tidings verify it. . . . (XLIX : 6) When they teach Islamic guidance to
the people, they do so in obedience to
(4) The scholar who applies the the Holy Prophet’s ( ) command:
science of Usool-e-Hadith for grading the
Traditions which are extant and for fixing Lo! Verily, let him who is present
up the categories of Fard, Sunnat, deliver the Message to him who is
Mustahab, Permissible, non-Permissible, absent.
partially-Permissible, etc., in the domain
of practical injunctions, is only elaborating When the Imams systematise the
on the Quranic command: Islamic laws to save men from falling into
errors and to make the path of their
“And whatsoever the Apostle giveth understanding smooth, they only act in
you, take it. And whatsoever he forbiddeth, accordance with the following Quranic
abstain (from it)”. (LIX : 7). command:
(5) The scholar of Usool-e-Fiqh fixes “Call unto the way of thy Lord with
up the Principles of Islamic Law to wisdom and fair exhortation, and reason
elaborate the practical teachings of Islam with them in the better way. Lo! thy Lord
for the faithful, in obedience to the is Best Aware of him who strayeth from
following Quranic injunction: his way, and He is Best Aware of those
“If a party from every group remained who go aright”. (XVI : 125).
MINARET 9 July 2010
Al-Ghazzali
ABDUS SUBHAN
Unique Repute
Al-Hasan-Al-Basri was stated to have known personally 70 of the
Prophet’s companions who took part in the battle of Badr. When
he died the whole of Basra turned out in a body to follow his funeral
on Friday, and there was none to attend or conduct the Friday prayer
in the mosques of Basra that day— “an unprecedented happening
in the history of Islam”.
When Adam and Eve, (may Allah be first have to purify yourself. If you are pure
pleased with them), committed their spiritually you can ascend and go up, pass
mistake in Paradise, Allah (swt) closed off the skies. Whenever you meditate you
the passage back to the Garden from that will begin to feel yourself becoming light
day. This meant that no evil can go beyond and you will be able to ascend and you
the lower levels of the first sky. Then where will pass the skies and the lot tree and
are the deeds of man recorded? you will continue ascending. Prophet
Muhammad ( ) was pure and he is our
Suppose all of our deeds are recorded in teacher and exemplar. He came with a
the skies and a couple of those deeds are mission to invite us to Allah (swt). Allah
evil in nature, will they also go up? No evil (swt) says of His beloved in Surah Ahzab;
cannot go up, therefore the evil deeds of
man are not recorded in the skies and it O Prophet! Truly We have sent thee as a
is kept separate from the good deeds. Witness, a Bearer of Glad Tidings,
and Warner,-
There are two recording angels appointed And as one who invites to Allah’s (grace)
to record all the deeds of man and it is by His leave, and as a lamp
possible to assume that one of them spreading light
records the good deeds and the other (Chapter 33, verse 45 - 46)
records the evil deeds. The deeds of man
are therefore recorded in separate places. Spirituality is an experience which scientific
Allah (swt) says in Surah Mutaffifin; reason and logic cannot explain. In the
beginning you will get a good feeling, then
Surely the record of the wicked is
(preserved) in Sijjin. there will be signs, then you will have true
And what will explain to thee what dreams and after you will be able to
Sijjin is? ascend. When you ascend you will lose
(There is) a Register (fully) inscribed. consciousness of your body. There is a
(Chapter 83, verse 7-9) verse in Surah Fatir which can help you
ascend when you reach this stage:
Evil goes down in a dungeon. The good
is recorded in the heights, which is To Him mount up (all) Words of Purity:
translated as heaven or the skies. If evil (Chapter 35, verse 10)
is recorded in a dungeon it is therefore
possible to take out or remove them, and Spirituality is indeed a beautiful thing,
the best way of achieving this is by the and if you can achieve the green light,
performance good deeds as Allah (swt) insha Allah you will have access to Prophet
says in Surah Hud; Muhammad ( ). The Mashaaiks can have
actual communication with him. How can
For those things, that are good remove you explain this logically? This is why you
those that are evil: must at all times be cautious and humble.
(Chapter 11, verse 114) Spirituality is completely different and it
allows you to cultivate your personality
If you want to experience spirituality, you and gain closeness to Allah (swt).
How can I write about a man who was al-awlia by Sheikh Farid-uddin Attar;
praised by the Prophet ( ) who said: the Safinat-ul-Awlia; Majales-al-Momenin)
fragrance of the Divine comes from the
side of Yemen, where Uwais lived; and Uwaiys was a pious man and was
on the Day of Resurrection, Divine will also been referred to as one of the Zuhad-
create seventy thousand angels looking somanieh, the eight pious ones. He was
like Uwais to bring Uwais to the celestial so well respected that the Prophet
sphere. They will bring him to Paradise Muhammad ( ) asked that, after his
and no one would know which one is the passing, his robe be given to Uwais.
(real) Uwais, as Uwais prayed for God in
his solitude, far away and hidden from the Sheikh Farid Uddin Attar writes in his
eyes of people, so shall he go to Paradise, Tazkerat-al-Awlia:
and no one will know him; only the ones
loved by Allah. God said, “My friends are Data Ganj Bakhsh Ali ibn Usman al-
under My Dome where no stranger can Hujwiri, a Persian Sufi and author of the
see them.” famous book, Kashf-ul-Mahjub described
that:
Uwais-ibn-Amir Moradi-al-Qarani (also
spelled Uways and Uwais) was born in Uwaiys is like the sun to Ummat, and
Yemen. The date of birth is not known. the candle of religion. Uwaiys Qarani is
He took the name of Qaran for one of two one of the great teacher who lived during
reasons: after Qaran, a place or a the time of Prophet ( ), but did not
mountain near Yemen, where he was physically see the Prophet ( ) for two
born, or after Qaran, his group from the reasons, First, he was in the state of Divine
Bani Amir Tribe. ecstasy and rapture, and second, he was
caring for his aged mother. The Prophet
Uwais was a devotee and a follower
( ) said to his devotees, “There is a man
of the Prophet Muhammad ( ) and was
in Qaran whose name is Uwais. At the
martyred at the battle of Saffein, a battle
day of Resurrection he shall intercede for
between Amir-al-Momenin Ali (RDA) and
my people to as many as the number of
Moavieh ibn Aby Sofiyan (RDA).
sheep of the Rabia and Muzzer tribes”.
Uwais was a slim man of medium (These two tribes had the largest herd of
height who had a white spot on the palm sheep during that time). Then the Prophet
of his hand, He ate very little, eating only ( ) turned to Omar and Ali and said,” You
to break his fasts and giving the remainder will see him and recognize him; he is a
to the needy. He wore an old robe, which firm, thin man, of medium height and there
he knitted himself, to keep warm. He was is a white scar the size of a coin on the
a shepherd, and supported his elderly palm of his hand but it is not leprosy.
mother, whom he cared for. (ref: Tazkerat- When you see him, give him my greetings
MINARET 17 July 2010
and ask him to pray for my Ummah, my does not miss him, and if he goes out, his
people”. going out is not noticed, and if he falls
sick, he is not attended to, and if he dies,
Sheikh Najm-ed-din-Kubra known as he is not accompanied to his grave.”
Tamat-ul-Kura, one of the great Uwaiysi
masters write: Companions asked the Holy Prophet
( ) “O Messenger of Allah, how can we
If the generosity of the Generous is find someone like that?” He said,” Uwais-
close, the apparent distance does not al-Qarani is such a one.” They asked him,
matter; and if the tenderness of the Tender “and who is Uwais-al-Qarani?” He
is far, what is the benefit of apparent answered, “He is dark skinned, wide
closeness? Uwaiys Qarani brought his shoulder, and of average height. His
life to the fire of his heart, and the Master complexion is close to the colour of earth.
of existence (referring to the Prophet) felt His beard touches his chest. His eyes are
this fragrance and said: I feel the fragrance always looking downwards to the place
of God from the side of Yemen. People of prostration, and his right hand is on his
are blind in the covers of darkness, and left hand. He weeps about himself with
in the limited world of you and I light cannot such a flow of tears that his lips are
be seen, unless, to the eyes of those for swollen. He wears a woolen garment and
whom by the will of the Lovers of God the is known to the people of the heavens. If
curtain of unawareness will be torn off he makes a promise in the Name of Allah,
and hence, by this blessing whatever was he keeps it. Under his left shoulder there
invisible shall be seen. is a white spot. When the Day of
Resurrection comes and it is annouced
Shaykh Muhammad Sa’id al-Jamal to the slaves, “Enter the Garden,” it will
ar-Rifa’i, described in his book, The be said to Uwais, Stop and intercede.
Children Around the Table of Allah that: ‘Allah Mighty and Exalted is He, will then
forgive them to the same number as are
In a Hadith Qudsi recorded by the the people of Rabi’a and Mudhar. (These
Companion Abu Hurayra, (RDA), the are the two tribes that Uwais (RDA)
Prophet Muhammad ( ) said speaking belongs to). So, O Umar and O Ali, if you
from his Lord: can find him, ask him to intercede for you.
Then Allah will forgive you.”
“Allah, Exalted and Mighty is He, loves
of His creation the God-fearing, the pure Ten years passed by which they
in the heart, those who are hidden, and inquired about him, but without being able
those who are innocent, whose face is to find him. In the year 21H/644CE, the
dusty, whose hair is unkempt, whose same year that Umar ibn al-Khattab
stomach is empty, and who, if he asks (RDA), the second Righteous Caliph after
permission to enter to the rulers, is not the Prophet’s death, Umar (RDA) went to
granted it, and if he were to ask for a the mountains of Abu Qubays (Mountain
gentle lady in marriage, he would be overlooking the Makkah) and called in his
refused, and when he leaves the world it loudest voice, “O people of the Yemen, is
Not long after this, Uwais left his work Haram ibn Hayyan continued his
as a herdsman and went to Kufah where accout of this meeting by saying,” Then
he continued in his bonds-manship untill I addressed him saying, “May Allah have
Allah, glory be to Him took him back to mercy upon you, O Uwais, and forgive
Himself. you. How are you? “Then my voice halted.
For I could not speak my heart which was
When Umar ibn al-Khattab (RDA) moved with deep gentleness towards him
heard that Uwais wanted to go back to when I saw his state and that he had
Kufah, he said to him, “Where do you started weeping. I found myself also
want to go to?” Uwais said, “To Kufah.” weeping. “Then Uwais said to me, ‘May
Umar (RDA) then said, “Shall I write a Allah greet you. How are you my brother,
letter for you to its Governor? Uwais ibn Hayyan, and who showed you the way
MINARET 20 July 2010
to me? “I answered him,’ It was Allah.” Some said that when night come,
“He said, ‘There is no God but Allah, praise Uwais (RDA) would say, “This night is for
be to our Lord. If it is the Wish of Allah, a prostrating.” Then he would prostrate until
thing is done. So this is Allah’s Wish.” I morning. And also when night come he
said, ‘How did you know my name and would distribute the food in his house to
my father’s name? For my name was the poor and he would say, “O Lord, If
Haram ibn Hayyan.’ Uwais said, The someone dies this night out of hunger,
Knower told me, for my soul knows your excuse me, and if so someone dies naked,
soul when my self talks to your self.’ For excuse me.”
the believers know each other in their love
for Allah, even if they never met; and when Shaikh Abdullah Ad-Daghistani’s
they come to our resting place, they know vision of Uwais al-Qarani:-
each other even if they come from
somewhere far distant. “I said, ‘Tell me “After Shaikh Sharafuddin passed,
about the Messenger of Allah, “Uwais and I was awaiting an opening to emigrate
said, ‘I have never seen the Messenger from Turkey, I was in a seclusion in the
of Allah face to face and I have never mosque next to the tomb of my shaikh,
been in his presence, but I would give my praying one night before Fajr. It was a
life for him. cold and snowy night. I could feel the
coldness in my bones. I could hear the
quiet falling of the snow on the trees and
“A little while later he said to me, O
the howling of wolves in the woods. I
son of Hayyan your father has died and
heard a voice calling my name, ‘Abdullah
soon you will die, going either to the
Effendi.’ I looked around but saw no one.
Garden or the Fire. My brother and friend
Then I heard the voice again calling out
Umar ibn al-Khattab has died,’ I said to ‘Abdullah’ I looked again, but again could
him, ‘May Allah forgive you, but Umar has not see anyone. I knew it was the voice
not died.” “Uwais said,’ Yes and the people of my shaikh. The warmth of that voice
have announced his death, and so has energized me and I ran outside without
Allah, Mighty and Exalted is He, and He even putting on my shoes or my woolen
has announced my own death. For you cloak. I saw my shaikh in a brilliant vision
and I are both of the dead.” “Then he standing on the hill. He called to me and
prayed upon the Prophet ( ) and said, ‘Abdullah Effendi, come.’ I did not
murmered some short invocations. “Then even think to put shoes on. I walked on
he said, ‘This is what I leave you, the Book the snow and could feel warmth from the
of Allah and the Sunnah of the Prophet Divine Love emanating from his spirit. As
( ) and you should always remember I reached him he said, “My son tonight I
death, and this should never ever leave have been ordered to take you to the
your heart for a moment. Haram ibn presence of Sayyidina Uwais al-Qarani
Hayyan said, “I deeply wanted to walk (RDA) by the order of the Prophet ( ).
with him for an hour, but after that he did
not allow me anymore, so I left him and “Then he said, ‘My son, take my hand.
I started to weep and he also wept. I was very happy to take the hand of my
Then Sayyidina Ali (RDA) stood up Then he said, His Ummat includes all
and said, ‘For the first time we are human beings. And that is why Allah said,
revealing this secret to the association of ‘Say(O Prophet) O mankind, I am a
saints. Only now have we received the Messenger to you all from Allah, to Whom
permission from the Prophet ( ) for the belongs the Kingdom of the heavens and
secret to appear. “I saw present in the the earth. (7:158). The Prophet ( ) asked
gathering the 7007 Naqshbandi saints. for intercession and Allah gave permission.
He was interceding for every individual
Sayyidina Ali said addressing the that Allah created. As he was asking he
association, and specially me, ‘When the was sweating and each drop of sweat
Prophet ( ) was passing away he called represented one human being. He took
Sayyidina Umar and me to his presence on the burdens of each person. Until he
and said, After I die, you takes the clothes was satisfied that Allah had forgiven every
I am wearing when I pass away, as a trust one, then he left this world. And the
from me to Uwais al-Qarani (RDA). You symbols of that forgiveness are the drops
will find Uwais in such and such a place. of sweet which are soaked in this robe.
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JUTE TWINE & YARNS
ALL SORT.
A M I N FA B R I C S L I M I T E D
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Likewise, the Prophet Muhammad In view of the fact that any explicit
( ) has also emphasized the need to nass (text) exists neither in the Qur'an nor
write down one's Will. He is reported to in the Sunnah regarding this question,
have said: differences of opinion prevail among
Muslim scholars.
"It is not right for any Muslim person,
who has anything to bequeath, that he Negative Resolution
may pass even two nights without having
his last will and testament written and kept The Islamic Fiqh Academy of India,
ready with him." (Sahih-al-Bukhari) during its Second Fiqh Seminar held
between 8-11 December 1989 at the
However, it ought to be noted here Hamdard Convention Centre. New Delhi,
that according to Islamic Law, the India, resolved that if a person has directed
proportionate respective shares that the that after one's death one's organ should
legal heirs receive from the deceased's be used for the purpose of transplantation
estate are neither dependent on a Will (testamentary disposition, as is commonly
nor on any other direction of the deceased. known), it would not be considered as
Rather, these shares are governed by wasiyyah (Will) according to Shari'ah.
certain rules that have been laid down in
the Islamic Law of Succession. Thus, what The plausible factors/considerations
can be included in a Will are certain that may have influenced the adoption of
specific stipulations, for example that this negative resolution pertain firstly to
which relate to the affairs of the testator's the concept of human organs as amanah
young children, facilitating the marriage (trust endowed to humans by their Creator)
of the testator's daughters, and the and secondly to the stance that human
MINARET 24 July 2010
organ is invaluable. Academy of the Organisation of Islamic
Conference (OIC), during its Fourth
i. Human Organ: An Amanah Session held in Jeddah, the Kingdom of
Saudi Arabia, from 6-11 February 1988,
There are Muslim jurists who regard resolved that it is permissible from the
the human body (including its parts) as Shariah point of view to transplant an
an amanah (trust). Therefore, since a organ from the body of a dead person if
human being does not own his body, he it is essential to keep the beneficiary alive,
cannot make a gift in respect of any part or if it will assist in restoring a basic function
of his body either during his lifetime or of the body, provided it has been
after death. Thus to include organ donation authorized by the deceased or by his heirs
in one's will would not be in order since after his death or with the permission of
one cannot give away that which one does concerned authorities if the deceased has
not legally own. not been identified or has no heirs.
The enforceable nature of such a Will (iv) In case the Will is in respect of eyes
of the dead body, the said eyes be taken
The Islamic Fiqh Academy of India, out or separated from the body, after
as pointed out above, resolved that any
certification of death by two Muslim
direction cited in the Will pertaining to the
donation of one's organ for transplantation medical practitioners of integrity, to the
would be invalid and should not be extent of the need as per Will, only before
honoured. burial of the dead body and no insult not
unnecessary disfiguration should be done
Dr. Tanzil-ur-Rahman is of the view to the dead body.
that once a person has included organ
donation in his/her Will, it will be valid and Insofar as who would have the
enforceable in Shariah, subject to the jurisdiction to assent to the donation of
following conditions: the dead person's organ in the event that
no such clause has been stipulated in the
(i) The donation (by Will) is motivated
purely for human good and be without deceased's Will, the Council of the Islamic
any remuneration, consideration or Fiqh Academy of the Organisation of
compensation whatsoever. Islamic Conference and Dr. Tanzil-ur-
Rahman concur that the legal heirs have
(ii) The legatee's (donee's) be genuine the right to assent to that.