| Literature DB >> 24888748 |
Mohamed Y Rady1, Joseph L Verheijde.
Abstract
End-of-life organ donation is controversial in Islam. The controversy stems from: (1) scientifically flawed medical criteria of death determination; (2) invasive perimortem procedures for preserving transplantable organs; and (3) incomplete disclosure of information to consenting donors and families. Data from a survey of Muslims residing in Western countries have shown that the interpretation of religious scriptures and advice of faith leaders were major barriers to willingness for organ donation. Transplant advocates have proposed corrective interventions: (1) reinterpreting religious scriptures, (2) reeducating faith leaders, and (3) utilizing media campaigns to overcome religious barriers in Muslim communities. This proposal disregards the intensifying scientific, legal, and ethical controversies in Western societies about the medical criteria of death determination in donors. It would also violate the dignity and inviolability of human life which are pertinent values incorporated in the Islamic moral code. Reinterpreting religious scriptures to serve the utilitarian objectives of a controversial end-of-life practice, perceived to be socially desirable, transgresses the Islamic moral code. It may also have deleterious practical consequences, as donors can suffer harm before death. The negative normative consequences of utilitarian secular moral reasoning reset the Islamic moral code upholding the sanctity and dignity of human life.Entities:
Mesh:
Year: 2014 PMID: 24888748 PMCID: PMC4047256 DOI: 10.1186/1747-5341-9-11
Source DB: PubMed Journal: Philos Ethics Humanit Med ISSN: 1747-5341 Impact factor: 2.464
Figure 1Human death is a singular phenomenon. “Human death is a singular phenomenon. The dying process occurs in stages over time. There is a gradual loss of capacity for somatic integration of the whole body because of an irreversible cessation of all vital and biological functions including circulation, respiration (controlled by the brainstem), and consciousness. The irreversibility of cessation of circulatory and respiratory functions is interlinked to the onset of whole brain necrosis. The loss of capacity for consciousness is irreversible when the necrosis of the whole brain, including the brainstem, is complete” [37]. Disintegration begins after completion of the dying process. There is no accurate clinical test to ascertain the absence of self and/or environmental awareness in unresponsive patients following severe brain injuries. Arbitrary neurological and circulatory criteria redefining human death enable heart-beating and non–heart-beating procurement of transplantable organs, respectively. Scientifically flawed criteria of death can harm donors because procurement procedures are performed without general anaesthesia. Figure reproduced from source [37], under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0/).
Primary and secondary sources of the Islamic legal and moral code
| • Primary sources | ○ The Quran: revelation from God to man (first source of Islamic law) |
| ○ The Sunnah: the tradition of the Prophet Muhammad: what he said, what he did, what he saw and approved during his lifetime (second source of Islamic Law) | |
| • Secondary sources (reinterpretation of the primary sources) | ○ |
| ○ | |
| ○ | |
| ○ | |
| ○ | |
| ○ |
Table is developed from the source [34]. The primary sources of Islamic law and moral code are the Quran and Sunnah. Secondary sources can be applied to issue legal and moral opinions about acts or practices that are not mentioned explicitly in the primary sources. This process is called ijtihad. Sunni and Shiite sects agree on the Quran, Sunnah and Ijma as sources of Islamic law in that order. The Shiite sect considers Aql (human intellect) as the fourth source of Islamic law instead of Qiyas. Legal and moral opinions or fatwas must uphold the primary objectives or maqasid of Islamic law ie, the protection of a person’s religion, life, mind, property and progeny. The application of secondary sources (eg, maslaha, istihsan) in end-of-life organ donation is preconditioned that death is determined with an absolute certainty or yaqin in accordance with the Quran and Sunnah.