Medical

Ethics
conference
December 2008

Presented by
Tawfique Chowdhury
Student: _____________________
If misplaced, please contact

Email: _______________________
Table of Contents

Course objectives 4

Introduction to the Rules of Fiqh 5

Importance of the Rules of Fiqh in the Shariah 7

Statements from scholars about the Rules of Fiqh 9

Importance of understanding the lofty Goals and Purposes of the Shariah 10

Some of the Goals and Purposes of Shariah 17

The Universal rules 20

RULE 1: All affairs are by their intentions 21

The Importance of this rule 22

Subordinate rules that come under the first universal rule 23

RULE 2: Difficulty gives rise to ease 28

Types of difficulty 30

The level of incidental difficulty that gives rise to ease 32

RULE 3: All harm is to be removed 44

Conditions that must be fulfiled for the harm to be considered for removal 46

The manner of weighing benefits 48

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Course objectives
1. A

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 

Introduction

The Oath of a Muslim Physician

Praise be to Allah, the Unique, Majesty of the heavens, the Exalted,
the Glorious, Glory be to Him, the Eternal Being who created the
Universe and all the creatures within. We serve no other God besides
you and regard idolatry as an abominable injustice.
 Give us the strength to be truthful, honest, modest, merciful
and objective.
 Give us the fortitude to admit our mistakes, to amend our
ways and to forgive the wrongs of others.
 Give us the wisdom to comfort and counsel all toward peace
and harmony.
 Give us the understanding that ours is a profession sacred
that deals with your most precious gifts of life and intellect.
 Therefore, make us worthy of this favoured station with
honour, dignity and piety so that we may devote our lives in
serving mankind, poor or rich, literate or illiterate, Muslim or
non-Muslim, black or white with patience and tolerance with
virtue and reverence, with knowledge and vigilance, with
Your love in our hearts and compassion for Your servants,
Your most precious creation.
 Hereby we take this oath in Your name, the Creator of all the
Heavens and the earth and follow Your counsel as you have
revealed to the Prophet sallallahu alaihi wa sallam.

“Whoever kills a human being, not in lieu of another human being

nor mischief in the land, then it is as if he has killed all of mankind.
And if he saves a human being, then it is as if has killed all of
mankind.” [AlMa’idah: 35]
This medical oath which is a composite from the historical and
contemporary writings of physicians of the Islamic World, was
officially adopted by I.M.A. in 1977.
Amended from the Oath of the Muslim Physician from the
Islamic Medical Association of North America

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CHARACTER OF THE MUSLIM PHYSICIAN

 The physician should be amongst those who believe in God,

fulfil His rights, are aware of His greatness, obedient to His
orders, refraining from his prohibitions, and observing Him in
secret and in public.
 The physician should be endowed with wisdom and graceful
admonition. He should be, cheering not dispiriting, smiling and
not frowning, loving and not hateful, tolerant and not edgy. He
should never succumb to a grudge or fall short of clemency. He
should be an instrument of God's justice, forgiveness and not
punishment, coverage and not exposure.
 He should be so tranquil as never to be rash even when he is
right. Chaste of words even when joking. Tame of voice and not
noisy or loud, neat and trim and not shabby or unkempt.
Conducive of trust and inspiring of respect. Well mannered in his
dealings with the poor or rich, modest or great. In perfect control
of his composure and never compromising his dignity, however
modest and forbearing.
 The physician should firmly know that 'life' is God's and is
awarded only by Him and that 'Death' is the conclusion of one
life and the beginning of another. Death is a solid truth and it is
the end of all but God. In his profession the physician is a soldier
for "Life" only defending and preserving it as best as it can be, to
the best of his ability.
 The physician should offer the good example by caring for his
own health. It is not befitting for him that his "do's" and "don'ts"
are not observed primarily by himself. He should not turn his
back on the lessons of medical progress, because he will never
convince his patients unless they see the evidence of his won
conviction. God addresses us in the "Quran" by saying, "and
make not your own hands throw you into destruction". The
Prophet says "Your body has a right on you" and the known
dictum is "no harm or harming in Islam".
 The physician is truthful whenever he speaks, writes or gives
testimony. He should be invincible to the dictates of creed, greed,
friendship or authority pressurizing him to make a statement or
testimony that he knows it false. Testimony is a grave
responsibility in Islam. The Prophet once asked his companions;

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 "shall I tell you. about the gravest sins?" When they said yes, he
said "claiming partners with God, being undutiful to one's
parents.” and, after a short pause he repeatedly said "and indeed
the giving of false talk or false testimony."
 The physician should be in possession of a threshold; knowledge
of jurisprudence, worship and essentials of Fiqh. Enabling him to
give counsel to patient seeking his guidance about health and
bodily conditions with a bearing of the rites of worship. Men and
women are subject to symptoms, ailments or biological situations
like pregnancy and would wish to know the religious ruling
pertaining to prayer, fasting, pilgrimage, family planning, etc.
 Although 'necessity overrides prohibition', the Muslim physician
nevertheless should spare no effort in avoiding the recourse to
medicines or ways of therapy be they surgical, medical or
behavioural that are prohibited by Islam.
 The role of physicians is that of a catalyst through whom God,
the Creator, works to preserve life and health. He is merely an
instrument of God in alleviating people's illness. For being so
designated the physician should be grateful and forever seeking
God's help. He should be modest, free from arrogance and pride
and never fall into boasting or hint at self glorification through
speech, writing or direct or subtle advertisement.
 The physician should strive to keep abreast of scientific progress
and innovation. His zeal or complacency and knowledge or
ignorance, directly bear on the health and well-being of his
patients. Responsibility for others should limit his freedom to
expend his time. As the poor and needy have a recognized right
in the money of the capable, so the patients own a share of the
doctor's time spent in study and in following the progress of
medicine.
 The physician should also know that the pursuit of knowledge
has a double indication in Islam. Apart from the applied
therapeutic aspect, pursuit of knowledge is in itself worship,
according to the Quranic guidance; "And say: My Lord! Increase
me in knowledge" and "Among His worshippers... the learned
fear Him most" and "God will raise up the ranks those of you
who believed and those who have been given knowledge."

Taken from Islamic Code of Medical Ethics

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International Organization of Islamic MedicineThis is a
comprehensive program designed for training in LIC (Low Intensity
Care) for Muslim community workers focusing on common mental
health problems (depression and anxiety) in BME with particular
reference to the Muslim community. It is designed to aid in client
self-management and recovery from debilitating mental health
problems.
The aim of this program is to build a competent first point of care in
the Muslim community for common mental health problems.
In this course, you will find information about:
Understanding depression
Treatment pathways
Specific psychological treatments
Treatment plans
Specific talking therapies including Cognitive behavioural therapy
and Problem solving strategies.

This course will also focus on the Islamic angle to dealing with
Muslim clients by providing:
Islamic view of the nature of depressive mental illnesses
Specific Islamic faith based strategies to combating depression and
anxiety.
Specific faith based sensitivity practices for optimum client support
and treatment.
Clarification of faith vs cultural barriers to conventional mental
health treatment methods.
Integration of Islamic healing into conventional CBT and Problem
solving strategies.

You will also be given a copy of a book to help in positive thinking

from an Islamic angle. This book will be used to develop sessions for
working with clients suffering from depression.
Kuwait, 1981

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 PART 1

UNDERSTANDING
AND THE
UNIVERSAL RULES
OF FIQH

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GOALS AND
PURPOSES OF
THE
SHARIAH Introduction to the
Rules of Fiqh
ِ ‫ات الْ ِف ْق ِهيَّ ِة مب‬
ِ َّ‫ف ِمْنه أَح َكام اجلزئِي‬
ُْ ُ ْ ُ ُ ‫ْم أَ ْغلَيِب ٌّ يَُت َعَّر‬
Definition .‫اشَر ًة‬َُ ٌ ‫ُحك‬
A rule that applies in the majority of issues from
which rulings for specific issues may be deduced
directly.

Statements from scholars about the relevance of the

Rules of Fiqh to Medicine

AlQarafi rahimahullah, the great scholar of the Maliki madhab said:  Important quote from Imam
alQarafi rahimahullah
“These rules are immensely beneficial and by the degree of
comprehension of these rules does the ability and greatness of the
faqeeh show, and the methodology of giving verdicts become clear
to him. As for he who takes to learning the specific issues of Fiqh
without learning the Rules of Fiqh, then his rulings becomes self
contradictory and he becomes hesitant and he is in need of
memorizing specifics of which there is no end. As for he who
understands and learns Fiqh through its rules, then he is free from
memorizing and learning many of the specific issues and rulings due
to its falling under the general rules. He is firm and clear in those in
which others are hesitant and unclear.” [AlFurooq (1/2)]

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Giving fatwa on the basis of the Rules of Fiqh
There are important matters that must be looked into before a scholar
gives a fatwa based on a Rule of Fiqh.
 Many people incorrectly
assume that passing a fatwa is
a purely scientific process.
Rather, it is 50% Science (of
Firstly Knowledge of the hukum of the Shariah in the the Shariah) and 50% Art!
matter and each and every rule that may apply to
that situation.
Secondly The person asking the question and his intention,
circumstances and ability.
Thirdly Those related to him and the greater community
that may be affected by the fatwa.
Example:
A scholar is giving a talk and a sister asks a question: Is
contraception permissible?
The hukum of the The ruling of the Shariah regarding abortion
Shariah needs to be known. Also a person would need to
look at the application of the following rules
amongst others:
 All affairs are by their intentions.
 Difficulty gives rise to ease.
 Whoever hurries up an affair before its time
is punished by being forbidden from it.
Personal Is the sister someone who is really asking the
circumstances question for herself or someone else? What does
of the questioner she really want from the answer – to increase in
her knowledge or to open up the door to haram?
Is she asking the question in order to prove her
knowledge to someone else? Is she fatwa
shopping? What is her emotional disposition?
The affect on the How will the rest of the sisters and brothers who
rest of the will hear the answer react? Will the answer open
people up a door to fitnah for them? Will it encourage
promisquity? Who else will be affected by
answering that question? Is there another Sheikh
in the area who answered this question
previously in a different manner such that your  Itscholars
is for this reason that the
of the past used to be
answer might confuse the audience? Is the very careful about giving
gathering, a gathering of students of knowledge fatwa.

or general laymen?

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Importance of understanding the lofty Goals and
Purposes of the Shariah

The goals and purposes of Shariah are the secret of legislation.

Through it, the scholar is able to understand how to apply and
implement the rulings of the Shariah. Indeed, conforming to the
goals and purposes of Shariah is the target of every fatwa and every
judgement. This is because the goals and purposes of Shariah are an
indication of what Allah wants in any issue.

This knowledge is required by every scholar of Fiqh, Hadeeth and

Tafsir. It is the point of convergence of logic and the texts of the
Shariah.

Understanding the goals and purposes of the Shariah in its

legislations allows the scholar to:
 Use them as general rules to derive rulings for specific issues.
 Work out which opinion is closer to the goals of the Shariah in a
particular matter and thus is stronger than another.
 Grasp the vastness of the Shariah in a few rules and summarize it
concisely.
 Appreciate the legality of Qiyaas and where to use it.
 Appreciate the universality of Islam and its applicability for all
ages.
 Appreciate the mercy of the Shariah and its consideration for the
needs and rights of creation.

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Examples:

         

Allah desires for you ease and does not desire difficulty over you.
[AlBaqarah: 185]

‫يَ ِّسُروا َوال تُ َع ِّسُروا‬

Make affairs easy for people and do not make it difficult upon them.
[AlBukhari (10/525)]

ِ ِ ِِ ِ ٍ ِ ِ
‫يم‬ ُ ‫ لََبَنْي‬،‫َن َق ْو َمك َحد ْيثُو َع ْهد بِالش ِّْرك‬
َ ‫ت ال َك ْعبَةَ َعلى َق َواعد إ ْبَراه‬ َّ ‫لَوال أ‬
Were it not that your people only recently reverted from Shirk, then I
would have rebuilt the Ka'bah on the foundations of Ibrahim.
[AlBukhari (3/439)] and [Muslim (2/968)]

َ ‫أ ََر َاد أَ ْن ال حُيْر‬

ُ‫ِج أ َُّمتَه‬
The saying of Ibn Abbas when asked about why Rasulullah used to
join between his prayers: "He wished to remove difficulty from his
Ummah." [Muslim (1/490)]

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Some Goals and Purposes of Shariah relevant to
our course

1. The universal matters which the Shariah came down to preserve

are five:
a. Religion,
b. Life,
c. Intellect,
d. Progeny and
e. Wealth.
These matters are preserved by every Shariah revealed by Allah,
even though the manner of its preservation may have differed.
[AlMuwafiqat of Imam Ash-Shaatibi (3/46, 3/210)]
2. Anything that preserves the five universal matters is considered
good and a benefit, and anything that aids in its demise is an evil
and removing this evil is good. [AlMustawsaf of Imam
AlGhazzali (p.251)]
3. The Shariah divides people's needs and aspirations into three
different levels:
a. Essential matters necessary for life [‫]الضَُّر ْو ِريَات‬.

b. Needs of life that are necessary in order to remove

ِ ‫]احل‬.
difficulty, but not necessary for life itself [‫اجيَات‬َ
c. Luxuries of life that do not cause difficulty in its absence
[‫]التَ ْح ِسْينِيَات‬.

The Shariah endeavours to preserve them all, except in the case

when a need arises. In such a circumstance, the lesser is
sacrificed whilst the higher is preserved. [AlMuwafiqat of Imam
Ash-Shaatibi (3/7-50)]
4. If the preservation of an item of luxury leads to the loss of a need
of life or essential matter of life, then it is not to be preserved.
[AlMuwafiqat of Imam Ash-Shaatibi (4/210)]
5. Difficulty is always to be removed and anything that leads to it is
undesirable, except by an express requirement from the Shariah.
[AlQawaid of Imam AlMuqri'ee (2/432)]
6. The Shariah gives precedence to removal of the harm before
attainment of the good. [AlQawaid of Imam AlMuqri'ee (2/443)]

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7. The general good is given precedence over the specific good.
[AlMuwafiqat of Imam Ash-Shaatibi (3/210)]
8. The greater evil is to be removed by doing a lesser one.
[Qawaidul Ahkaam of Imam AlIzz ibn Abdis Salam (1/93)]

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The Universal rules of fiqh

The five Universal rules are:

1. All affairs are by their intention (‫اص ِد َها‬ ِ ‫)األُمور مِب ََق‬
ُ ُ
2. Difficulty gives rise to ease (‫ب التَّْي ِسْيَر‬ ِ
ُ ‫)املَ َش َّقةُ جَتْل‬
3. All harm is to be removed (‫)الضََّر ُر يَُز ُال‬
4. Certainty is not removed by doubt (‫َّك‬ ِّ ‫)اليَ ِقنْي ُ ال يَُز ُال بِالش‬
5. The rule is by the custom (ٌ‫الع َادةُ حُمَ َّك َمة‬
َ)

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RULE 1: All affairs are by their intentions

‫اص ِد َها‬
ِ ‫األُمور مِب ََق‬
ُ ُ

The meaning of All matters, actions and affairs of human beings,

this rule irrespective of whether they are worldly or that
pertaining to the hereafter are attached to the
intention and desire of the doer.

Sheikh Mustafa Az-Zarqa rahimahullah said: "Indeed the actions of a  Important

Sheikh
quote from the

person and his dealings whether they are statements of the tongue or
actions of the limbs have different results and rulings according to
the intention of the person from them. So whoever kills a person
without a valid reason, then for this action is a ruling, and if he was
mistaken, then for his action is another ruling. Similarly, if someone
was to tell another person: Take these dirhams, then if he intended to
give it away, then the action would be a gift. If not, then it would be
regarded as a loan that would be obligatory to pay back."
[AlMadhkhal al-Fiqhi (2/965-966)]

Subordinate rules that come under the first Universal rule

Subordinate ‫اب إال بِالنِّيَة‬

َ ‫ال َث َو‬
Rule No. 1 There is no reward except with intention

Example Sleeping with the intention of Qiyamul-Layl as

.against having no intention

Subordinate ِ ‫اص ِد واملعايِن ال لِألَلْ َف‬

‫اظ َواملبَايِن‬ ِ ‫للم َق‬ ِPay
‫ود‬ particularِ attention to
‫العُ ُق‬rule
‫ يف‬asُ‫َرة‬it‫العْب‬has very
َ ََ َ َ this
Rule No. 2 The consideration in contracts is for the important
real implications in
various matters of Fiqh,
intention and meaning, not the wording or in Business
especially
sentence construction. transactions

Example Telling your new son in-law to be: “I give my

daughter to you as a gift.”

Subordinate ‫وص‬ ِ ِّ َ‫النيَّةُ يف اليَ ِمنْي ِ خُت‬

َ ‫ص‬ُ ُ‫وم َولَكن ال ُت َع ِّم ُم اخل‬
َ ‫ص العُ ُم‬
ُ ‫ص‬ ِّ
Rule No. 3

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 Intention in oaths specifies the general however
does not generalise the specific.

Example Making an oath to not drink at all and intending

by it Coca Cola as against making an oath to not
drink Coca Cola and intending by it all
carbonated beverages.

Subordinate ‫ت اليَ ِمنْي ِ ِعْن َد‬ ِ ِ ِ ِ ‫امل ْقصود بِال َك‬

َ ْ‫الم عْن َد نيَّة املُتَ َكلِّ ِم إال حَت‬ ُ ُ َ
Rule No. 4
ِ ‫ال َق‬
‫اضي‬
The intent behind a speech is upon the intention
of the speaker except under oath in front of the
judge.

Note This is a rule mentioned by some scholars of the

Hanafi madhab, in order to prevent the
manipulation of a testimony in front of the judge.

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RULE 2: Difficulty gives rise to ease

‫التْي ِسْيَر‬ ِ
َ ‫ب‬ ُ ‫املَ َش َّقةُ جَتْل‬

The meaning of Any incidental difficulty considered by the

this rule Shariah that arises upon the execution of its
rulings, as a diffgives rise to the appropriate
ease.

The level of incidental difficulty that gives rise to ease

Central to understanding how to apply this rule in our lives, is
understanding the level of difficulty at which ease can be applied in
a particular ruling. The scholars have many ways of deducing the
level of incidental difficulty. We can look at the matter by way of
whether it is mentioned (in a text of the Quran or Sunnah or Ijmaa)
or not.

Mentioned in the In this case, there is no argument that it gives rise

texts to ease.
       
So if you were afraid, then [pray] whilst walking
or riding. [AlBaqarah: 239]

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Not mentioned in If there is no text on the matter, then the ulema
the texts ulema have a number of ways of n working out
whether the level of difficulty in question, gives
rise to ease:
 By taking into account the customs of the
people.
Example: Whether a person is poor and thus
eligible for Zakat.
 By looking at the least amount of difficulty
that the Shariah applies ease for, and
thereafter doing analogy upon that.
Example: At what point can a person drink
alcohol and thus making analogy on that for
a pethidine injection.
 By way of the importance put by the Shariah
on a matter. So if the importance put by the
Shariah on a matter is greater, then we
require a larger amount of difficulty in order
to apply ease in that matter.
Example: The importance put by the Shariah
in prayer is tremendous. Thus the level of
difficulty would need to be really great in
order to not oblige a person to pray.
 By looking at whether the matter is a matter
of obligation or prohibition – so in a
prohibition, the amount of difficulty would
need to be greater in order to lift the
prohibition.
Example: The obligation of fasting as
against the prohibition of taking drugs.
 By looking at whether the matter is a means
to a prohibition, or a prohibition intended in
and of itself.
Example: Eating pork, as against wearing
silk for Muslim males.

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Important matters in applying ease

Ease is The most important rule when applying ease is to

permitted with remember the statement of Allah:
conditions         
       
So whoever is forced, without transgressing, nor
desiring [the haram], then indeed Allah is oft-
forgiving, most Merciful. [Al-Baqarah: 173]
This verse permits a person to do a matter of ease
provided 3 conditions are met:
1. There is no halal alternative available.
2. The need and difficulty is removed by the
haram in question.
3. That only thata quantity of the haram is used
up to eleviate the need onlythe quantity of
haram used is proportionate to the level of
need.

to the extent of the need only.Subordinate rules that come

under this universal rule

Subordinate ‫ورات‬ ِ ُ ‫الضر ْور‬

Rule No. 12
َ ُ‫ات تُبْي ُح املَ ْحظ‬ َ َُ
Dire necessity makes the prohibited permissible.

Example Permissibility of uttering a word of disbelief

upon coercion.

Subordinate ‫لى قَ ْد ِر امل َشقَّة‬

َ ‫صةُ َع‬
َ ‫الر ْخ‬
ُ
Rule No. 23 َ
Ease is in proportion to the amount of difficulty.

Example Standing or sitting in prayer according to ability.

Subordinate
ً‫اصة‬ ْ َ‫الضُر ْو َر ِة َع َّامةً َكان‬
َّ ‫ت أ َْو َخ‬ َ َ‫اجةُ ُتَنِّز ُل َمْن ِزلَة‬
َ َ‫احل‬
Rule No. 34 Necessity takes the place of dire necessity in
general as well as specific.

Example Permissibility of wearing silk upon need.

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RULE 3: All harm is to be removed

‫الضَر ُر يَُز ُال‬

َ

The meaning of This rule is from the comprehensive statements

this rule of Rasulullah sallallahu alaihi wa sallam and it is
 This rule is particularly
important for us living in the
West.
the basis for the prevention of harm upon others
or self. It necessitates that precedence be given to
the removal of harm before and after its
occurrence. This is because prevention is better
than cure. If harm does take place, then it is
obligatory to remove it to the highest extent
possible and repair its harmful effects.

Subordinate rules that come under this universal rule

Subordinate ‫صالِ ِح‬ ِ ‫اس ِد أ َْوىَل ِم ْن َج ْل‬

َ َ‫ب امل‬
ِ ‫درء امل َف‬
ُ َْ
Rule No. 1 Prevention of harm is given precedence over
َ
attainment of good.
 Prohibition of alcohol even though it may
Example
have minor benefits.

Subordinate ِ َ‫الع ُام يُ ْدفَ ُع بِالضََّر ِر اخل‬

‫اص‬ َ ‫الضََّر ُر‬
Rule No. 2 General harm is prevented by a specific one

Example  Killing Muslims held hostage by enemies as

human shields.

Subordinate ‫الضََّر ُر ال يَُز ُال مِبِثْلِ ِه‬

Rule No. 3 A harm is not removed by another harm similar
to it.

Example  "Kill him or I will kill you."

Note A Muslim must never remove the harm on
himself by transferring it to others.

Subordinate ِ ‫الضَّرر ي ْدفَع بَِق ْد ِر ا ِإلم َك‬

‫ان‬ ْ ُ ُ َُ

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 A harm must be removed as much as possible
Rule No. 4
Example  The hudood punishments

Subordinate ِ ‫ضرراً بِارتِ َك‬

‫اب‬ ِ ِ
َ ‫إِ َذا َت َع َار‬
ْ َ َ ‫ت َم ْف َس َدتَان ُروع َي أ َْعظَ ُم ُه َما‬
ْ‫ض‬
Rule No. 56
‫َخ ِّف ِه َما‬
َ‫أ‬
If two harms coincide, then we remove the
greater one by replacing it with the lesser one.

Example  Such as ransoming POWs from the enemy or

hostages from terrorists.

Subordinate ‫ِّم احلَ ِاذ ُر َعلَى املبِْي ِح‬

َ ‫اجتَ َم َع احلَ ِاذ ُر َواملبِْي ُح قُد‬
ْ ‫إِذَا‬
Rule No. 67 ُ
If that which is prohibited coincides with that
ُ
which is permitted, then that which prohibits is
given precedence.

Example  Impermissibility of eating mules that are bred

from donkeys and horses.

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 PART 2

UNDERSTANDING
AND VARIOUS
ISSUES IN
ISLAMIC MEDICAL
ETHICSRULES OF
FIQH Introduction to the Rules of Fiqh

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The ruling on seeking medical treatment

The scholars have differences on the this matter:

:Opinion 1

Medical treatment is permissible. This is the opinion of the majority

of the scholars. However they differed amongst themselves; some of
them said that it is better and others stated that to not seek medical
treatment is better. Ibn Taymiyyah rahimahullah said: “A lot of
people of goodness and knowledge used to prefer leaving treatment
by their choice and desire and this is what is reported from Ahmed,
even though from his companions are those that make it obligatory
and from them are those that recommend it and make it preferred.”
[Majmoo alFatawa (21/564)]

Proof ‫قال رسول اهلل صلى اهلل عليه وسلم يف وصف الذين‬
‫ وال‬،‫ هم الذين ال يكتنوون‬:‫يدخلون اجلنة بغري حساب‬
‫ وعلى رهبم يتوكلون‬،‫ وال يتطريون‬،‫يسرتقون‬
The Prophet sallallahu alaihi wa sallam said
about those who will enter Jannah without
reckoning: “They are those who do not perform
cauterization, nor have the ruqya performed on
them and they put their reliance on Allah.”
[Agreed upon]

When Abu Darda was passing away, it was said

to him: “What do you fear most?” He replied:
“My sins”. And it was said: “And what do you
hope for?” He replied: “For the mercy of my
Lord”. It was said to him: “Shall we not call a
doctor?” He replied: “It is the doctor that has
made me sick.” [Abdur Razzaq in AlMusannaf
(13/309)]

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Opinion 2:
Medical treatment is recommended. This is the opinion of the Shafi,
Hanafi and majority of the Maliki scholars, and of a group of the
pious predecessors and later scholars. [See Fatawa alHindiyyah
(5/354), Sharh az-Zarqani ala alMuwatta (4/329), Majmoo
anNawawi (5/96)].

Proof       

O you who believe! Take your precautions.
[AnNisa: 71]

‫اعقلها وتوكل‬
Tie its rope then put your trust in Allah.
[Tirmidhee (No. 2522) with an authentic isnad]

Opinion 3:
Medical treatment is obligatory. This is the opinion of some of the
companions of Imam AsShafi rahimahullah and some Hanbali
scholars. Some of them put the condition, that seeking medical
treatment is obligatory when it is known that the medical treatment
will help in that matter.
[See Majmoo alFatawa of Ibn Taymiyyah (21/564, 24/269)].
       
Proof And do not destroy yourselves by your own
hands. [AlBaqarah: 195]

‫ال ضرر وال ضرار‬

No harm done, no harm received.

‫ وجعل لكل داء دواء فتداووا‬،‫إن اهلل أنزل الداء والدواء‬

‫وال تتداووا حبرام‬
Verily Allah has revealed disease and its cure
and made for every disease a cure. So seek
treatment and do not treat with the prohibited.
[Fathul-Bari with Sahih alBukhari (10/135)]

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The stronger opinion: Seeking treatment is permissible and
legislated in the Shariah and the ruling of seeking treatment changes
according to the situation. So seeking treatment is:
 Compulsory: When the disease is infectious, the disease will
certainly cause death or severe hardship if treatment is not
sought. The proof for that is the hadeeth of the companion who
went to battle and suffered injuries and had a wet dream at night.
He woke up and asked to be allowed to make taymammum and
based on the wrong advice, he made ghusl and this caused his
wounds to open up and he passed away. When the Prophet
sallallahu alaihi wa sallam heard this he said: “They have killed
him may Allah kill them! Why didn’t they ask?! Verily the cure
to ignorance is to ask.” [Reported by Abu Dawud, AlBaihaqi,
adDaraqutni and others and authenticated by Ibn Khuzaimah and
Ibn Hibban]
 Recommended: When the treatment has a good possiblity of
cure, but not with full certainty. Upon this is the statements and
actions of Rasulullah sallallahu alaihi wa sallam. If seeking
treatment was a deficiency in our tawakkul, then the Prohpet
sallallahu alaihi wa allam would never have done it and he is the
leader of those who have true reliance on Allah. [See Ihyaa Ulum
adDeen of AlGhazali (4/283)] The fact that seeking medication
does not deny tawakkul is also seen in the story of the plague that
struck Shaam in the time of Umar radiallahu anhu. [Agreed
upon. AlBukhari with alFath (10/179) and Muslim (No.2219)]
 Permissible : Meaning permissible to seek it or to leave it – this
is when the treatment does not have any definitive benefit in it,
rather it is only of speculative benefit. [See Ihya Ulum adDeen
(4/279)]

Important principles in treatment

There are a number of important principles that must be remembered

when treating and initiating medication:
 Goals and principles of the Shariah, such as:
a. Weighing up essentials, needs and necessities.
b. Weighing the good and bad in an issue.
c. Difficulty gives rise to ease, etc..

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 Weighing the means and ends. Thus the haram means are
prohibited even if the end is a noble matter. The only exception
is in the case of dire necessity that makes the prohibited
permissible, or that type of need that is in the level and position
of dire necessity. Ibnul Qayyim rahimahullah made the rule of
closing the doors to fitnah – a fourth of Islam! [See I’laam
alMuwaqiyyeen (3/134-159)]
 Taking into account the consequences and effects of a particular
treatment. Thus if a treatment for an obvious benefit leads to a
 Pay particular attention to
this rule as it has very
important implications in
corresponding larger harm, then it is no longer suitable to do it. various matters of Fiqh,
especially in Business
transactionsThis rule is

Consent of a patient

The World fiqh council in its decree (7/5/69) mentioned the

following regarding the consent of a patient:
 Consent is a pre-condition for treatment for those who possess
complete capacity. For those deficient in capacity, their affairs is
 Pay particular attention to
this rule as it has very
important implications in
up to their guardian according to the line of authority of various matters of Fiqh,
guardianship defined by the Shariah. The guardian is required to especially in Business
transactionsBased on this, the
act in the best interest of the patient and will end up losing
his/her guardianship if they make a choice that is in direct harm
to the patient. In this case, the guardianship moves on to the next
guardian.
 The amir can oblige treatment in a number of cases, such as
serious issues or infectious cases.
 In emergency care, where the patient is under danger, then the
patient’s permission is not a precondition for helping them.
 Pay particular attention to
this rule as it has very
important implications in
various matters of Fiqh,
 Medical research can only be undertaken on a person with
especially in Business
complete capacity, not the one with deficient mental or financial transactionThis is based on
capacity. This would not be permissible even if the guardian
permitted it.

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Using haram products in treatment
The World fiqh council passed its ruling in this matter in their
meeting on 5-10/1/2002 in their 16th session:
 It is not permissible to use alcohol that is forbidden for treatment,
due to the hadeeth: “Allah has not made your cure in that which
He has forbidden.” [AlBukhari]. Also the hadeeth: “Verily Allah
revealed disease and made for every disease a cure. So seek
treatment O slave of Allah, and do not seek treatment with
something forbidden.” [Reported by Abu Dawud, Ibn Sunnee
and others]. Also the Prophet sallallahu alaihi wa sallam when
asked about alcohol replied: “It is not a cure, rather it is a
disease.”
 It is permissible to use the medications that compromise a
percentage of alcohol that has been added due to the
manufacturing process when there is no alternative. The
condition here is that a just doctor has permitted that. It is also
permissible to use alcohol for cleaning externally, to clean
wounds, to kill germs and in gels and creams applied externally.
 The World Fiqh Council encourages pharmaceutical companies,
pharmacies and medical distribution companies to do their best
to avoid using alcohol in their products and to use other
alternatives.
 Similarly the council encourages doctors to avoid prescribing
medications that have alcohol in them – as much as possible.

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Modern medications that compromise of haram
products

This issue requires an understanding of the ruling of chemical

transformation.

The scholars of Islam have concensus that natural chemical

transformation makes alcohol halal. On the otherhand, they have
difference on whether chemical transformation by human
intervention changes the ruling of the product or not. The issue is
mentioned with specific reference to alcohol and its chemical
transformation:

Opinion 1:
Chemical transformation by human intervention does not make a
haram product halal and does not make alcohol halal. This is the
opinion of the Shafi, Hanbali and some of the scholars in the Maliki
madhab. [See Majmoo alFatawa (29/331)]

Proof      

    
   
  
O you who believe, indeed alcohol, stones,
gambling and divining arrows are from the
actions of the Shaitaan, so keep away from it so
that you be successful. [AlMaidah: 90]

‫ ال‬:‫النيب سئل عن اخلمر تتخذ خال فقال‬

The Prophet sallallahu alaihi wa sallam was
asked about alcohol that is made into vinegar and
he said: No. [Reported by Muslim (No. 3669)]

‫أهرق اخلمر واكسر الدنان‬

The Prophet sallallahu alaihi wa sallam ordered:
Spill the alcohol and break the vessel. [Reported
by AtTirmidhee (No. 1214), see alFath (5/122)]

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Opinion 2:
Chemical transformation by human intervention makes a haram
product halal. This is the opinion of the Hanafi, an opinion in the
Maliki madhabs and also a narration from Imam Ahmed. It is also
the opinion of AlBukhari, Ibn Hajr and other scholars of hadeeth.
[See Fathul-Bari (5/121, 122, 9/617)]

Proof     

And He makes the good things permitted for
them. [AlA’raaf: 157]

‫نعم اإلدام اخلل‬

What a good dressing is vinegar. [Reported by
Muslim (No.3823)]

Analogy upon the skin of the animal that is

purified by tanning.

Based on the ruling that the origin of all things is

purity until proven otherwise.

Stronger opinion: The stronger opinion and Allah knows best is the
second opinion inshaAllah and that is because the rulings revolve
around the reason for its application. It is for this reason why grape
juice is pure, which when it becomes alcohol it becomes haram and
when it becomes vinegar, it again becomes pure once again. [See
Fathul-Qadeer (1/200, 201)] Ibn Hazm said: “If a haram product
transforms in its name and characteristics, then the ruling that was
attached to it will also have changed.” [AlMuhalla (7/429)]

If a haram product was to remain in its chemical form but it was

being mixed into such a large quantity of halal that virtually no signs
of it remains, then according to the scholars of Islam, that product is
no longer enough to make the matter into which it has been mixed –
impure. This is based on the hadeeth of Rasulullah sallallahu alaihi
wa sallam in the hadeeth of the well named Buda’ah in Medinah
where dog parts and menstrual blood stained rags would be thrown
into it – “Water is pure, nothing makes it impure.” [Reported by
alBukhari]

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Implications of this on medical treatments

Many modern medications and treatments comprise of haram

products such as:
 Gelatine capsules and gelatine in medications.
 Insulin derived from swine.
 Porcine heart valves
 Alcoholic derivatives in medical creams, gels, syrups and
perfumes.

Two important matters need to be remembered in discussing the

rulings on these matters:
 Goals and purposes of the Shariah and its weighing of essentials,
needs and luxuries. The Hanafi and Shafi scholars, put needs
regarding medications in the level of the essentials (except for
alcohol in the Shafi madhab due to the presence of specific
hadeeths regarding it). [See alMajmoo (9/50)] AlIzz ibn Abdis
salam said: “The benefit of health and safety from disease is
more than the benefit of staying away from impurity.” [Qawaid
alAhkam (pg.142)] This opinion is also strong given the fact that
the Prophet sallallahu alaihi wa sallam allowed Abdur Rahman
bin Awf to wear silk due to a skin condition.
 The effect of these treatments and medications in the ultimate
prognosis and outcome.

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Haram products and its use in medication and treatment

Blood and blood 1. If blood products that have changed its

products chemical composition is used, then it is pure
according to the stronger opinion that
chemical transformation makes the product
halal.
2. If pure blood is used for producing certain
medications, then that product is not
permissible if the quantity of it is significant.
3. Blood component such as FFP and Platelets
when used individually are not considered
impure. This is the ruling of the International
Organisation of Islamic Medicine given in
the year 1997.
4. If a person has the choice between a
medication that has been made with blood as
against another that hasn’t then that which is
free of blood is to be given precedence.
5. Selling blood is not permissible by complete
consensus. [Fathul-Bari (4/427)]
[Please see section on Blood and its rulings for
more information and additional issues]

Alcohol and its  Majority of the scholars consider alcohol to

derivatives be physically impure (najis) based on the
ayah in the Quran [AlMa’idah: 90] since
Allah has called it Rijs (filth). However a
large number of later scholars are of the
opinion that it is not impure due to the lack of
clear indication from the verse. It for this
reason that the verse is an indication that
alcohol is haram rather than impure. [See
asSail alJarar (pg. 25, 26)] Based on this,
alcohol in swabs, hand disinfectants, hand
wipes, perfumes etc.. are pure and does not
require it to be washed off before engaging in
worship.
 The ethyl alcohol that is in various cough

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 syrups and mixes and where the percentage
of alcohol is significant – due to the presence
of alternatives these days – these medications
should be avoided. The International
Organisation of Islamic Medicine lobbied
Arab health ministers to change their policy
on such medications. As a result of this,
Kuwait has removed all medications that
consist of more than 3% alcohol by volume.
[See Alcohol and sedatives in medications
and treatments of Dr Muhammad Ali alBar in
Majalla Majmaa alFiqhi alIslami (2000, pg
352)]
 Alcohol and its presence in various
carbonated cola beverages these days – in
miniscule quantities does not change the
permissibility of these drinks since the
amount of alcohol in them is insignificant
due to the mixing of a large quantity of water
into it. As for food in which alcohol has been
added during cooking, chocolates with
alcohol in them etc. They are to be avoided –
even if the percentage of alcohol is small
(since the alcohol has not been diluted with
water).
 In the absence of any other alternatives,
alcohol based medications can be used
provided a trustworthy and reliable doctor
recommends it.
 Other than ethanol, other types of alcohol
such as iso-propanyl alcohol, benzyl alcohol
etc., are not the haram ethanol and as a result
are permissible inshaAllah.

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Pork and swine  Products that contain pork in them in without
derivatives undergoing any chemical transformation is
considered impure and impermissible for
consumption. Such products can be certain
types of cheese, oils, fats made from pork.
 Most of the gelatine used in the food and
pharmaceutical industries today is derived
from porcine or animals not slaughtered
islamically. However food manufacturing
ensure that most of the gelatine undergoes
chemical transformation making the
consumption of such products halal. Caution
must be observed with those products that
have high levels of gelatine that does not
undergo any significant chemical
transformation, such as jelly confectioneries.
 Renet derived from procine as well as
animals that have not been killed islamically
– the scholars have differed on this matter,
the stronger opinion being that it is
permissible inshaAllah due to the fact that
the companions of Rasulullah sallallahu
alaihi wa sallam used to eat the cheese of the
Majoos when Iraq had been conquered.
[Majmoo alFatawa (21/102-104)]
 Regarding insulin derived from pork, the
International Organisation of Islamic
Medicine on 24/5/1995 decreed that the
insulin does not undergo chemical
transformation and as a result, the insulin is
deemed to be prohibited, except if there is no
alternative available.
 Using pig skin for treating burn victims when
the amount of skin available is not enough –
the International Organisation of Islamic
Medicine issued their decree on the
24/5/1995 on its permissibility as long as this
is done temporarily and due to the great need

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 demonstrated in this situation.

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Blood and its rulings

Islam considers the rulings of blood based on its divisions as

follows:
 The actual flowing blood [‫]الدم املسفوح‬
 The organs that produce or manufacture or cleanse the blood:
Bone marrow, Liver, Spleen, Kidney etc..

Important note: The scholars of the past were not aware that blood
could be donated and that blood and its products could be useful for
a person in need. As a result, the scholars of the past only dealt with
this topic from the position of someone drinking blood to save
himself from dying of hunger – not from the angle of a patient who
needs blood to replace lost volume, Haemoglobin, transfusion etc..

There are a number of issues with regards of the Islamic medical

rulings on blood and blood products:
1. The ruling on treating someone with blood donated from others.
2. The conditions for the use of that donated blood
3. The ruling of selling blood
4. Is donated blood pure or impure?
5. Does taking out the blood break the doner’s wudu?
6. Does the doner break his fast by donating the blood?
7. Does the receiver break his fast by receiving the blood?
8. Does receiving/donating blood establishing mahramiyyah and
relationships like breast feeding establishes?

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Ruling on treatment with donated blood
The scholars of Islam differed on their opinion in this matter.

:Opinion 1

Medical treatment with blood and its products is not permissible.

Proof ‫حرمت عليكم امليتة والدم وحلم اخلنزير‬

It has been made prohibited to you: dead meat,
blood, swine… [AlMaidah: 3]

‫ وجعل لكل داء دواء فتداووا‬،‫إن اهلل أنزل الداء والدواء‬

‫وال تتداووا حبرام‬
Verily Allah has revealed disease and its cure
and made for every disease a cure. So seek
treatment and do not treat with the prohibited.
[Fathul-Bari with Sahih alBukhari (10/135)]
Based on this the opinion of the majority of the
scholars is to not

They also used as proof a report of Salim

radiallahu anhu drinking the blood of Rasulullah
and the Prophet sallallahu alaihi wa sallam
forbade him from that with the reasoning that
blood is haram. [AtTalkhees AlHabeer (1/30)]

:Opinion 2

Medical treatment with blood and its products is permissible.

Proof ‫وما جعل عليكم يف الدين من حرج‬

And He has not made any hardship for you in the
religion. [AlHajj: 78]

‫ويؤثرون على أنفسهم ولو كان هبم خصاصة‬

And they prefer them over themselves even if
they were in difficulty. [AlHashr: 9]

ً‫ومن أحياها فكأمنا أحيا الناس مجيعا‬

And who ever has saved a soul, it is as if they
have saved all of Mankind. [AlMaidah: 32]

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 ‫ أو‬،‫إن كان يف شيء من أدويتكم خري ففي شربة عسل‬
‫ وما أحب أن أكتوي‬،‫شرطة حمجم أو لذعة من نار‬

If there is any goodness in your treatments, thenof cupping to
The analogy
donating blood is that in
in a drinking honey, or in cupping, orcupping
in touching
– you are treating by
with fire (cauterization) and I do not throwing
like away blood and
wasting it, where as in
cauterization.
receiving blood, you are
[Agreed upon. See Fathul Bari (10/53)] similarly benefiting from the
movement of the blood,
Some of the scholars (such as from the Hanafi
except that the blood is not
being wasted. The factor of
madhab) may Allah have mercy on them all,
commonality between the
have cited permissibility of eating dead
twoflesh,
is that in both processes
treatment takes place by
drinking blood or drinking urine if a Muslim
either extraction or by
doctor has mentioned that the cure forreceiving.
the disease
that he has is in it. [Hashiyyah of Ibn Abideen
(5/283)]

Interesting quote: AlQurtubi reports from one of the companions of

the Sahabah - Masrooq: “Whoever is forced into eating dead meat,
blood or swine and does not do so until he passes away, then he will
enter the fire except if Allah forgives him.” [AlJami li Akham al-
Quran (1/607)]

The stronger opinion: The second one. Medical science shows that
the treatment that can be achieved with blood cannot in the majority
of cases be adequately replaced by any other form of treatment.

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Conditions for using donated blood
1. That there is a need or necessity that calls for blood to be
donated.
2. That there is no appropriate replacement is available.
3. That the doner is not harmed by donating the blood.
4. That the doner gives it willingly without being forced or lured
with money.
5. That the blood is preserved and conserved appropriately and that
all appropriate tests are done to ensure its safety.
6. That it is administered under the supervision of appropriately
qualified doctors.
7. That the benefit of receiving the blood for the patient outweighs
the potential for harm.
8. That only that amount is given that is enough to appropriately
cater for the need and no more.

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The ruling of selling blood
The scholars of Islam have differed on this matter.

:Opinion 1

It is impermissible to sell blood. This is the opinion of the majority

of the scholars. [See AlMughni (4/302), Bada’ih as-Sana’ih (5/140)
and atTasheel (2/72)]

Proof Ibn Mundhir reports concensus of the scholars on

the impermissibility of selling blood.
[Mawsoo’atul-Ijma (1/414)]

‫عن أيب جحيفة أن النيب صلى اهلل عليه وسلم هنى عن‬
‫الكلب ومثن الدم وكسب البغي‬
From Abi Juhayfah that the Prophet sallallahu
alaihi wa sallam forbade from the sale of the dog
and the profit from the sale of blood and from the
earnings from prostitution. [Reported by
AlBukhari]

،‫ثالثة أنا حصمهم يوم القيامة ومن كنت خصمه خصمته‬

،‫ ورجل باع حراً فأكل مثنه‬،‫رجل أعطي يب مث غدر‬
‫ورجل استأجر أجرياً فاستوىف منه ومل يوفه‬
There are three people that I am going to
prosecute on the day of Judgement and whoever
I prosecute, I will win against him: A man who
was given by me, then he left the path; A man
who sold off a free person then consumed the
profit from the sale; A man who hired out a
person then used his services without
compensating him. [See Fathul-Bari with Saheeh
alBukhari (4/417)]

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:Opinion 2

It is permissible to sell blood.

Proof ‫وقد فصل لكم ما حرم عليكم إال ما اضطررمت إليه‬

And He has made clear to you that which He
forbade upon you except that which you are
forced into. [AlAn’am: 119]

...‫وعلى املولود له رزقهن وكسوهتن باملعروف‬

And upon the child (from his wealth) is to

provide for them financially (the wet from
The analogy here is drawn
nurse)theand
fact that breast milk
is
to clothe them in goodness… [AlBaqarah: 233] derived from blood and
like blood it is a produce of
the body and thus if Allah is
‫ الضرورات تبيح احملظورات‬:‫قاعدة‬
allowing it to be given in
service for a fee, then so
Rule of fiqh: Dire necessity makes theshould
prohibited
blood donation be
permissible. allowed to charge for it.

Allah only made flowing blood forbidden, not

any other type of blood or blood producing
organs such as liver and spleen.

The scholars who did not allow the sale of blood

did it on the basis that there is no benefit in blood
itself. [Eg: Ibn Qudamah in alMughni (4/260)]
However, modern science shows the benefit that
blood has for the recipient.

Genetic testing

This topic has important applications in the following matters:

 Establishing genetic link and parenthood [maternity and paternity
tests]
 Establishing parenthood in case of legal dispute.
 Establishing parenthood in case of loss, missing, unknown and
kidnapped persons.
 Criminal investigation and in forensic analysis.

Genetic testing for the above is complicated, since the Shariah has
specific requirements and regulations for each of its rulings:

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 In criminal forensics, DNA testing may establish a link, but
cannot establish the hadd (punishments ordained by Allah). It
can however establish a link due to which the judge may punish
arbitraly according to the severity and circumstances of the
crime.
 Establishing lineage: established by either:
o Ownership of the bed
o Agreement or acceptance of the father
o Witness
o Qiyaafah [Seeing the similarity between two people]
[Fathul-Bari (12/56)]

 Removing link of lineage: this cannot be done except by the

process of Lee’an [Where the husband is certain that his wife has
 Pay particular attention to
this rule as it has very
important implications in
been unfaithful however does not have 4 witnesses.] various matters of Fiqh,
especially in Business
transactionThis is the only
        
        
         
       
        
        
And those who accuse their wives (of infidelity) and they do not
have any witnesses except themselves, then he should swear by
Allah 4 times that indeed he is truthful. And a fifth time that may the
curse of Allah be upon him if he is a lier. And the punishment (in the
hereafter) is removed from her, if she were to swear by Allah 4 times
that indeed he (her husband) is a lier. And a fifth time, that let the
punishment of Allah be upon her if he is truthful. [AnNur: 6-9]

Important matters:

 The wife abstaining from countering the lee’an does not establish
the punishment of stoning upon her.
 Genetic testing CAN establish the link of lineage in Islam,
however Islamically, it CANNOT remove the link of lineage.
The only way of remove the link of lineage is to perform Lee’an.

Recommendations of the special commission on genetic testing

A special commission from the scholars and medical specialists in
Saudi Arabia formed the genetic testing committee to make

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recommendations to the government about incorporating genetic
testing in the legal process and produced a paper recommending it be
taken up with some conditions on the 27/10/1999. The
recommendations of the commission are as follows:
 Where multiple people lay claim to a baby, then genetic testing
can establish parenthood.
 To prevent reaching to the point of Lee’an, the husband can ask
the authorities to allow a genetic test in order to establish
fatherhood. If the genetic testing establishes fatherhood, then the
matter can come to an end. If it establishes other than that, then
removal of lineage can only be done through the process of
Lee’an.
 In the matter of mix up in hospital, genetic testing can be used to
establish parental lineage.
 In mistaken sexual intercourse, genetic testing can be used to
establish parental lineage.
 Where a person who does not know his own lineage seeks
genetic testing to establish his belonging to an individual.
 Where the husband and wife disagree as to the duration of the
time it took for the pregnancy and the husband considers that it
was from the previous marriage of his wife and the wife insists
that is from this marriage.
 In cases of rape, to establish who the real father of the child is –
if the wife was kidnapped and raped for example.
 For those who were lost and then came back – genetic testing
would be allowed to establish their lineage and links.
 Mix-up of children during times of war, to establish lineage.
 In cases of IVF where there is a doubt as to whether the
husband’s semen was used in the process or not.
The commission also recommended that genetic testing not be
allowed to be commercialised and that it be centralized and that it be
only permissible under the commissioning of the courts.

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The stronger opinion: The second opinion due to:
 The strength of their proof
 In a time such as ours where the number of doners is decreasing
and the need for blood is at such a critical level, then to buy
blood should be allowed. Similar to this, is how the scholars of
various madhabs changed their opinion regarding charging
money for teaching the Quran when it was noticed that very few
people were teaching it and the Quran was in danger of not being
taught and since Quranic teachers were no longer able to do it for
free due to their inability to have alternate sources of income.

Note: The person receiving and giving the money can ofcourse
intend that the fee is for the service of providing the blood and not
for the blood itself. Also, this matter should be under the care of the
government so that blood banks are not forced into coaxing clients
into donating blood and luring them with financial compensations.
Also a lot of care must be taken to prevent frequent doners from
abusing this system to make a living out of donating blood for
money.

Is donated blood pure or impure?

The scholars of Islam consider the blood of a human being other

than a martyr and the blood of a non-marine animal; that has been
extracted from them dead or alive – as long as it is gushing and a lot.
[See Fiqh al-Islami wa Adillatuhu of Sh Wahbah az-Zuhaili (1/150)]

Ibn Mundhir reports concensus of the scholars upon the impurity of a

large amount of blood – which ever type of blood it is (other than
from fish and that animal/insect which does not have flowing blood).
[See Mawsoo’atul-Ijma (2/1106)]

As for any blood that is not a lot and does not gush out and flow –
such as the blood in the meat when skinning the animal after it has
been slaughtered etc.. then this blood is considered pure. There is no
known difference amongst the scholars on this matter.

Similarly therefore, the blood that is extracted by syringe and into a

testtube – then it is not a lot and not does not gush out and thus does

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not take the ruling of impure blood. It is thus considered pure. As for
extracting a large quantity of blood, such as in blood donation – then
it resembles gushing blood or is a lot in quantity and thus it is closer
to being impure. And Allah knows best.

Does taking out the blood break the doner’s wudu?

The Hanafi scholars may Allah have mercy on them are of the
opinion that if a person has flowing blood that comes out of him,
then it breaks his wudu – but not a drop or two. Their proofs rests on
the hadeeth: “Wudu should be made from every flowing blood.”
[Reported by Ad-Daraqutni and it is not authentic. See Nasb Ar-
Raayah (1/37)] There are also some reports of the Prophet sallallahu
alaihi wa sallam telling those who had various types of bleeding to
make wudu – such as to Fatimah bint Qayis who had a lot of
bleeding [Reported by AtTirmindhee]. Also the hadeeth: “Whoever
vomits or has a nose bleed, then let him go away and make wudu
again and build upon his prayer as long as he has not spoken.”
[Reported by Ibn Majah. See Na’ilul-Awtar (1/187)]

The Hanbali scholars may Allah have mercy on them are of the
opinion that it breaks the wudu as long as it is a lot basing it on the
hadeeth or Rasulullah sallallahu alaihi wa sallam to Fatimah bint Abi
Hubaish who used to have defective bleeding: “It is from a vein, so
make wudu for every prayer.” [Reported by AtTirmidhee]

The Maliki, Shafi and Dhahiri scholars may Allah have mercy on
them are of the opinion that the flowing of blood from other than the
front and back passages does not break the wudu. [See Bidayatul
Mujtahid (1/34)]

Imam Ibn Taymiyyah rahimahullah says: There is nothing there that

obligates the making of wudu, rather it is simply recommended to do
so. Indeed there is a hadeeth that the Prophet sallallahu alaihi wa
sallam vomited but he did not remake his wudu [Reported by
AdDaraqutni] and that he had cupping performed and he prayed
without remaking his wudu. [Reported by AdDaraqutni] Also this is
aided by the fact that many of the companions would pray with
blood flowing from injuries that they suffered and that never once

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did the Prophet sallallahu alaihi wa sallam order them to repeat their
wudu. [See Majmoo al-Fatawa (25/238)]

Does donating blood break the doner’s fast?

The opinion of the majority of the scholars of Islam from the Hanafi,
Shafi, Maliki and also an opinion in the Hanbali school is that it does
not break the fast. This is based on the hadeeth: “The Prophet had
cupping performed whilst he was in ihram and he had it performed
whilst he was fasting.” Also: “The Prophet sallallahualaihi wa sallam
gave us the concession to have cupping done whilst fasting.” [See
Fathul-Bari with Sahih alBukhari (4/178)]

The second opinion is held by the Hanbali madhab and is an opinion

in the Shafi madhab and is the opinion of the vast majority of the
scholars of hadeeth. This is based on the hadeeth: “Both the one who
cups and the one who has cupping performed on him has broken
their fast.” [Reported by the five except at-Tirmidhee and
authenticated by Imam Ahmed. See Fathul-Bari with Sahih
AlBukhari (4/209)] Also the hadeeth used by the scholars of the first
opinion, is not authentic for the wording “and he had cupping
performed whilst fasting”. [See Majmoo al-Fatawa (25/252, 267)]

The second opinion is the stronger opinion and Allah knows best.

Does receiving blood break the recipient’s fast?

The majority of the scholars of Islam are of the opinion that it breaks
the fast since it has entered into his body.

Other scholars such as Ibn Taymiyyah and Ibn Hazm are of the
opinion that it does not break the fast since this is not in the meaning
of eating and drinking. [See AlMughni (3/119-126)]

The first opinion is the safer and stronger opinion and Allah knows
best.

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Does receiving/donating blood establishing
mahramiyyah and relationships like breast feeding
establishes?

The World Fiqh council in their meeting in Rajab 1409A.H.

(corresponding to February 1989C.E.) in its 11th seating, ruled that
donating/receiving blood does not establish mahramiyyah and
relationship and that this matter is specific to breast feeding only.

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Cutting up a dead body

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Removing life support

There are a number of issues that need to be discussed in this

section:
 What is death in the medico-legal context?
 When does death take place islamically?
 Persistent vegatative state – PVS – What is the Islamic ruling on
removing life support for such people?

Death in the Medio-legal context

Traditionally, death was defined as the cessation of certain bodily

functions especially respiration and heartbeat. This is still the
position of various religions and is the classical position amongst
many of the early scholars of Islam. With the advent of medical
technology that could resuscitate people that have stopped breathing
and heart beat – this showed that the traditional definition of death
 Despite this, certain orthodox
Jewish and Christian groups
still hold on to the traditional
was not certain or definitive enough. definition of death.

History of development of the criteria for establishing death

In the latter half of the 20th Century, given the significant advances in
Medical research, there has been a lot of interest in the medico-legal
front for defining exactly what death is. This was also compounded
by a BBC Panorama show on Brain death in 13/10/1980C.E. that
interviewed a number of people who had been in a coma and were
pronounced brain dead by the doctors. Later on, as the doctors and
family were debating whether to take the ventilator off her, she was
hearing them all throughout – only to come out of the coma many
days later and with apparently little signs of brain death. Also in
1976 the Karen Ann Quinlan that hit the headlines showed the first
move by legislatures in Western countries for redefining moving for
brain death as the acceptable definition of death.

The choronology for deciding on the medico-legal criteria for death

in the West took the following course:
 An ‘Adhoc’ committee was formed in Harvard University to
decide on the signs of death in 1968C.E.
 The Royal College of Physicians in the UK met to decide on the
signs of death in 1976C.E. and 1979C.E.

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 In 1981C.E. upon the order of the President a national committee
of medical professors, doctors and legal experts got together to
decide on the defintion of brain death and came up with their
recommendations in April 1981C.E under the title – “Defining
Death: Medical, Legal, and Ethical Issues in the Determination
of Death”. This was subsequently adopted by most states in the
US under the Uniform determination of death Act.

The criteria vary according to various countries, however the

following are generally the accepted criteria in first world countries
today:
 Neurological examination by two independent physicians.
 A brain-dead individual has no clinical evidence of brain
function upon physical examination:
o No pain response
o No cranial nerve reflexes such as: Pupillary response
(fixed pupils), oculocephalic reflex, corneal reflex, no
response to the caloric reflex test
o Dilated unresponsive pupils
 No spontaneous respirations.
 Flat-line isoelectric EEG – two independent readings over a 24
hour period (Not required in most countries but of confirmatory
 DDx of Brain death:
Barbiturates, Hypothermia,
Hypoglycaemia, Alcohol
value in some). Note: The patient needs to be free of brain intoxication, Coma, PVS,
Sedative overdose
activity suppressing drugs and normal temperature if EEG
criteria is to be used.
 In rare cases, a radionuclide cerebral blood flow scan that shows
complete absence of intracranial blood flow can be used to
confirm the diagnosis without performing EEGs.

Note: Some Muslim countries and also China have yet to agree to a
classification of brain stem death to be brain death.

Death from the Islamic-medical context

A global conference on human life held in 17/12/1985, had the

following conclusions regarding death:[Translation of the document
from Refi]

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1. Most death that takes place have clear signs that are apparent and
clear to people and based on clear medical check to ascertain
death.
2. The conference recognises that there are a handful of a number
of situations where in it is difficult to identify with certainty that
death had taken place. In such cases, every effort must be made
to clearly identify death without any doubt.
3. The conference concluded upon having completed study of
books of fiqh that there are no clear definitions agreed upon by
the scholars of fiqh for death. As such therefore, the matter is left
up to physicians to define death and its clear signs.
4. The specialist doctors in attendance clarified to the conference
that the standard by which death is judged is upon death of the
brain stem which carries the centres for major life functions.
Heart beat and respiration can stop for some time and be
resuscitated as long as the brain stem is alive; if however the
brain stem is dead, then there is no way to keep the heart and
respiration working without external support.
5. The scholars in attendance agreed therefore with the doctors that
if the signs of brain stem death has become apparent, then death
is confirmed. The scholars also mentioned that the rest of the
rulings of death be implemented upon stopping of the heart and
respiration upon removing artificial life support.
6. Based on this, the scholars agreed that if the brain stem has been
confirmed to have died, then it is permissible to remove life
support.

A similar ruling has been issued by the World Fiqh Council in its
decree No. 17 (3/5) on 16 October 1986. [PVS]

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Organ and tissue donation and benefitting from
body parts of others

Some of the scholars of Islam of recent times are of the opinion that
it is not permissible to donate any body part or tissue or organ at all,
whether it be from a living or a dead person. They base their
argument on the proof that a person does not own his or her own
body and it is owned by Allah and thus not under our jurisdiction to
dispose of it in any way that we want. These views were championed
by some popular contemporary scholars such as Sh Ash-Sha’rawi
rahimahullah.
[See Kullu ma Uhimmul-Insaanu fi Hayatihi (9/71)]

This can be argued from the point that although we do not own our
own body, we have still been ordered by Allah to put our body and
life in danger by performing Jihad in His cause. This shows that
although disposing of our body in an unrestricted manner is not
allowed, however if it is done in a manner that is defined by the
Shariah – then there is no prohibition in that. If that is understood,
then to donate an organ thereby saving a life and this being equal to
saving all of mankind shows that here organ donation that is within
the boundaries put by the Shariah – would also be legislated rather
than prohibited. This is in general terms.

To further clarify the matter, tThere are 3 major issues that must be
discussed in this section:
1. The sources of the donated tissue or organ.
2. The type of need or necessity behind requiring the organ or
tissue.
3. The type of tissue or organ that is being transplanted.

The sources of the donated issue or organ

Xenografts and Xenotransplantations

The scholars of the past have dealt with this matter. They concluded
that if the animal is pure [‫ ]طاهر‬then there is no harm in using that part
of its body for human benefit. As for impure animals, then the
scholars have differences.

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Hanafi opinion It is permissible to use any animal irrespective of
whether that animal is pure or not and
irrespective of whether it has been slaughtered
islamically or found dead – every animal even
the dog, except for the swine. Other Another
opinion in the madhab is that the animal has to
be slaughtered islamically, otherwise only the
dry parts can be used.
[See Fatawa alHindiyyah (5/354)]

Shafi opinion Under duress, any part of any animal can be used
for human benefit, even swine. AnNawawi
rahimahullah says: “If someone breaks his bones,
then bone that is pure should be used to fix it.
Our scholars said: And it is not right for him to
be forced to use the impure whilst he has the
ability to use the pure. So if he is forced into it,
then if he is in need of it and cannot find a pure
one that can take its place, then he is excused.”
[AlMajmoo (3/138)]

Based on this: It is permissible to cultivate animal tissue for use in

humans. As for impure animals, then its use is permissible if there is
deep need [‫ ]حاجة‬and as for swine, then it should not be used except
under dire necessity [‫]ضرورة‬.

Autografts

The scholars of Islam do not have any hesitation in allowing the

tissue of one person to be transplanted into himself at another part of
the body where it is needed – either based on dire necessity or deep
need. Based on this, CABG, Vein extraction and skin grafts are all
permissible. This is based on the classical opinion expressed by the
scholars of the past who allowed the cutting off of a body part to
save a life or to remove a harm on a person as long as the treatment
is certain or probable in the view of the doctors.
[See Majma alFiqh alIslami No. 6, Part 3. Research report by Sheikh
Bakr Abu Zaid on “Cutting up of dead bodies and human
transplantation”]

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 Allografts or Isografts from a live person to another

This can be one of a few different scenarios:

 Only one of that organ exists in the body.
 Two of that organ exists in the body.
 Where the organ can be reproduced or it can regernates with
time.

Only one of Such as transferring a heart or liver from a living

thatt organ donerdonor to another living person. This is not
exists in the permissible at all since a harm is not removed by
body replacing it with another harm similar to it. Also
the benefit of that organ to the original living is
certain, whereas the benefit of it to the second is
less certain or has an element of speculation in it.
Thus based on the principle of certainty is not
removed by doubt, this would also not be
:permissible. This is based on the verse
       
And do not destroy yourselves by your own
hands. [AlBaqarah: 195]
And also, the verse:
        

DDx of Brain death:
Barbiturates, Hypothermia,   
Hypoglycaemia, Alcohol And do not kill yourselves. Verily Allah is
intoxication, Coma, PVS, always merciful to you. [AnNisa: 29]
Sedative overdoseBased on
this, any doctor who assists in
this type of transplant could

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Where two of This is of three different types:
that organ 1. Where the type of organ is something this is
exists in the not absolutely essential for the recipient and
body where the first person would be left with a
significant deficiency in that particular
faculty of his body. Example: Transplanting
an eye from a living donor to a blind
recipient, or an ear etc.. This is not
permissible since the type of organ is not an
absolute essential and the first person would
be left with a significant deficiency in his eye
sight.
2. Where the type of organ is something
absolutely essential for the recipient who
would not be able to survive without it,
whilst the donor would still be able to
adequately live with an average to normal
quality of life. Example: Kidney transplant.
Modern scholars of fiqh have differed on
this, however the World Fiqh council has
permitted it and this is the stronger opinion in
this matter inshaAllah.
3. Reproductive and sexual organs – example:
ovaries, testis, penis etc.. This carries
significant ethical issues. There is no
difference of opinion that this type of organ
is not permissible to transplant. The World
Fiqh council has ruled against this type of
transplant in its decree No. 57 (6/8).

Where the This type of organ can regenerate and be self

organ can be replaceable without leaving any significant harm
reproduced or it on the donor – Example: Skin, Bone marrow,
can regenerates Blood. This type of donation is permissible
with time according to vast majority of the recent scholars
of our time as long as it is given with consent
and not coercion or is donated willingly.

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Allografts or Isografts from a dead body to a living person

The scholars of our time have differences about this issue:

:Opinion 1

It is impermissible to take the organs from a dead person to a living.

      
Proof     
    
   
And We have indeed honored the children of
Adam and gave his carriage by land and sea and
provided for him from all good things and
chosen them above and over many of creation.
[Al-Israa: 70]

‫هنى النيب صلى اهلل عليه وسلم عن املثلة‬

The Prophet sallallahu alaihi wa sallam forbade
multilation. [AlBukhari (No. 2294)]

‫كسر عظم امليت ككسر عظم احلي‬

The Prophet sallallahu alaihi wassalm said:
Breaking the bones of the dead is like breaking it
when they are alives. [Reported by AlBukhari]

‫ما قطع من البهيمة وهي حية فهي ميتة‬

That which has been cut off from an animal
whilst it is alive – then it is dead meat. [Reported
by At-Tirmidhi (No. 1400) and he considered it
Hasan]

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Opinion 2:
It is permissible to take the organs from a dead person to a living.
      
Proof     
    
   
And We have indeed honored the children of
Adam and gave his carriage by land and sea and
provided for him from all good things and
chosen them above and over many of creation.
[Al-Israa: 70]
     
  
And He who has saved a soul, then it is as if he
has saved all of mankind. [Al-Maidah: 32]

Dire necessity makes the prohibited permissible

The stronger opinion: The second opinion due to the presence of

deep need that justified some harm.

The following fatwas have been issued by scholars permitting

transplantation from dead bodies to living:
 Sh Muhammad Husnain rahimahullah from Darul-Ifta al-
Misriyyah in 1952 permitting corneal transplants. Similarly also
from Sh Ma’moon in 1959, 1966 from Sh Hareedi about all
transplants, 1973 from Sh Khateer and 1979 from Sh Jaad alHaq
about transplanting organs from the dead to the living. [Majmoo
alFatawa Dar alIftaa al-Misriyyah Vol. 10, pg 113 and there on]

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Decrees on Transplantation and use of Stem cells for
research
 The World Fiqh Council has issued the following fatwa in its 4th
seating, decree No.1:
o Firstly: it is permissible to transplant organs from one
part of a human being’s body to another part of his own
body with the condition that the benefit of the operation
is more than its harm. It is conditional on the reason for it
being to make a missing organ, or to replace a previously
existing organ, or to renew its shape or its function, or to
fix a deficiency or in order to remove any deficiency that
causes physical or mental harm.
o Secondly: it is permissible to transfer an organ from a
human being to another if that organ rejuvinates and
renews by itself, such as blood and skin and as long as the
donor has full capacity and all legal conditions are
fulfilled.
o Thirdly:It is permissible to benefit from that part of the
organ that has been removed from another peron due to a
medical illness, such as a cornea. [T: Meaning where the
whole eye is removed due to some illness, but the cornea
is still good and so that cornea can be taken for use by
someone]
o Fourthly: it is impermissible to transplant life dependant
organs such as the heart from a living donor.
o Fifthly: it is impermissible to donate an organ from a
living human being upon which rests a major significant
function of him. This is so, even if that does not cause the
removal of life in its entirety. Example: transplanting
both corneas. As for if that will cause a deficiency in that
primary faculty, then this is a matter for research – see
clause No. 8 below.
o Sixthly: It is permissible to transplant an essential organ
from a dead body to a living human being who cannot
survive without it or will be deprived from a major
significant faculty without it – with the condition that the
dead person allows that, or his inheritors after him or by
the agreement of the leader of the muslims – if that

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 person is unknown or his inheritors and guardians are
unknown.
o Seventhly: It is important to point out that the
permissiblity of transplantation in the matters which have
been clarified above, is conditional on the organ not
being procured by way of commerce and trade – since it
is not permissible to sell the organs of a human being
under any circumstance. As for given a retainer to the
donor for his services with the express hope to receive the
organ or as a reward or a honorarium, then it is a matter
for research and ijtihaad.
o Eightly: Anything other than this, which is from the
essence of this matter, then it is a matter for research and
insight. It should be researched in the future sessions of
the council with clarity on the medical knowledge at that
time and the rulings of the Shariah.
The council does not have any objection to putting the fetus
that does not posssess a brain or higher neural functions, on
life support until the brain stem dies naturally – so that the
organs and tissue can be preserved until it is ready to be
benefitted from – such as by transferring it to those who need
it, with the conditions denoted previously.
[A similar decree to the issues mentioned above was given by
the Islamic Fiqh Academy of the World Muslim League in
19 January, 1985]
 The International Organisation of Islamic Medicine affiliated to
the World fiqh council of the OIC, decreed on the 23-26 October
1989 in their seating on: Organ donation and cultivation. This
session was regarding: Cultivating brain and nervous tissue, and
benefitting from stem cells from fetuses that were born without a
brain (anencephaly) and of the use of stem cells from aborted
fetuses, and transplanting reproductive organs, decreed the
following:
o There is nothing wrong with autographting as far as Islam
is concerened as long there is enough clarity and consent
is sought.
o Taking nervous tissue from an early animal fetus is
permissible for the benefit of human beings.

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 o It is not permissible to take tissue from a fetus in the
mother’s womb and subsequently causing it to abort,
except if the abortion was spontaneous or the abortion
was done in order to save the mother’s life and as long as
the rules for benefitting from human tissue are followed.
o It is permissible to cultivate tissues in the laboratory as
long as the source and basis of the tissues is permissible.
 The International Organisation of Islamic Medicine decreed in its
session in Kuwait on 18-21 April 1987 regarding zygotes
[‫]البيضات امللقحة‬:

o It is important that zygotes beyond what is required is not

allowed to be formed.
o The majority of the scholars hold that the zygote that has
not implanted – is not under the preservation and sanctity
of Allah and thus allowing it to die in any way is not
wrong.
o The majority of the scholars therefore do not have any
reservations from using the zygotes for research and
study in a manner acceptable in the Shariah and without
reproducing it.
 Further conditions were laid out by another decree from the
International Organisation of Islamic Medicine. This decree
stated that stem cell research should not be allowed unless the
following conditions are fulfilled:
o It is not permissible to initiate abortion for the purpose of
using the tissues. Rather, the tissue is only permissible to
use from spontaneous abortions or permissible shariah
authorized abortions.
o If a fetus is able to survive, then all means to ensure its
survival should be used. It should not be let to die for the
purpose of using its tissue for benefitting others or for
research.
o It is not permissible to grow tissue for the purpose of
business and commerce.
o The oversight over this process must be to an over
arching higher trustworthy body.
o It is imperitive to honour the human body to the
maximum extent possible.

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 [A similar decree was issued by the World fiqh council on
20th March 1990 (No. 6, 3/2161)]

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Blood and its rulings

Islam considers the rulings of blood based on its divisions as

follows:
 The actual flowing blood [‫]الدم املسفوح‬
 The organs that produce or manufacture or cleanse the blood:
Bone marrow, Liver, Spleen, Kidney etc.

Important note: The scholars of the past were not aware that blood
could be donated and that blood and its products could be useful for
a person in need. As a result, the scholars of the past only dealt with
this topic from the position of someone drinking blood to save
himself from dying of hunger – not from the angle of a patient who
needs blood to replace lost volume, Haemoglobin, transfusion etc.

There are a number of issues with regards of the Islamic medical

rulings on blood and blood products:
9. The ruling on treating someone with blood donated from others.
10. The conditions for the use of that donated blood
11. The ruling of selling blood
12. Is donated blood pure or impure?
13. Does taking out the blood break the donor’s wudu?
14. Does the donor break his fast by donating the blood?
15. Does the receiver break his fast by receiving the blood?
16. Does receiving/donating blood establishing mahramiyyah and
relationships like breast feeding establishes?

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Ruling on treatment with donated blood
The scholars of Islam differed on their opinion in this matter.

:Opinion 1

Medical treatment with blood and its products is not permissible.

Proof      

 
It has been made prohibited to you: dead meat,
blood, swine… [AlMaidah: 3]

‫ وجعل لكل داء دواء فتداووا‬،‫إن اهلل أنزل الداء والدواء‬

‫وال تتداووا حبرام‬
Verily Allah has revealed disease and its cure
and made for every disease a cure. So seek
treatment and do not treat with the prohibited.
[Fathul-Bari with Sahih alBukhari (10/135)]

They also used as proof a report of Salim

radiallahu anhu drinking the blood of Rasulullah
and the Prophet sallallahu alaihi wa sallam
forbade him from that with the reasoning that
blood is haram. [AtTalkhees AlHabeer (1/30)]

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:Opinion 2

Medical treatment with blood and its products is permissible.

Proof          

And He has not made any hardship for you in the
religion. [AlHajj: 78]
      
  
And they prefer them over themselves even if
they were in difficulty. [AlHashr: 9]
     
  
And who ever has saved a soul, it is as if they
have saved all of Mankind. [AlMaidah: 32]

‫ أو‬،‫إن كان يف شيء من أدويتكم خري ففي شربة عسل‬

‫ وما أحب أن أكتوي‬،‫شرطة حمجم أو لذعة من نار‬

If there is any goodness in your treatments, thenof cupping to
The analogy
donating blood is that in
in a drinking honey, or in cupping, orcupping
in touching
– you are treating by
with fire (cauterization) and I do not throwing
like away blood and
wasting it, where as in
cauterization.
receiving blood, you are
[Agreed upon. See Fathul Bari (10/53)] similarly benefiting from the
movement of the blood,
Some of the scholars (such as from the Hanafi
except that the blood is not
being wasted. The factor of
madhab) may Allah have mercy on them all,
commonality between the
have cited permissibility of eating dead
twoflesh,
is that in both processes
treatment takes place by
drinking blood or drinking urine if a Muslim
either extraction or by
doctor has mentioned that the cure forreceiving.
the disease
that he has, is in it. [Hashiyyah of Ibn Abideen
(5/283)]

Interesting quote: AlQurtubi reports from one of the companions of

the Sahabah - Masrooq: “Whoever is forced into eating dead meat,
blood or swine and does not do so until he passes away, then he will
enter the fire except if Allah forgives him.” [AlJami li Akham al-
Quran (1/607)]

The stronger opinion: The second one. Medical science shows that
the treatment that can be achieved with blood cannot in the majority
of cases be adequately replaced by any other form of treatment.
Conditions for using donated blood

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9. That there is a need or necessity that calls for blood to be
donated.
10. That there is no appropriate replacement.
11. That the donor is not harmed by donating the blood.
12. That the donor gives it willingly without being forced or lured
with money.
13. That the blood is preserved and conserved appropriately and that
all appropriate tests are done to ensure its safety.
14. That it is administered under the supervision of appropriately
qualified doctors.
15. That the benefit of receiving the blood for the patient outweighs
the potential for harm.
16. That only that amount is given that is enough to appropriately
cater for the need and no more.

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The ruling of selling blood
The scholars of Islam have differed on this matter.

:Opinion 1

It is impermissible to sell blood. This is the opinion of the majority

of the scholars. [See AlMughni (4/302), Bada’ih as-Sana’ih (5/140)
and atTasheel (2/72)]

Proof Ibn Mundhir reports concensus of the scholars on

the impermissibility of selling blood.
[Mawsoo’atul-Ijma (1/414)]

‫عن أيب جحيفة أن النيب صلى اهلل عليه وسلم هنى عن‬
‫الكلب ومثن الدم وكسب البغي‬
From Abi Juhayfah that the Prophet sallallahu
alaihi wa sallam forbade from the sale of the dog
and the profit from the sale of blood and from the
earnings from prostitution. [Reported by
AlBukhari]

،‫ثالثة أنا حصمهم يوم القيامة ومن كنت خصمه خصمته‬

،‫ ورجل باع حراً فأكل مثنه‬،‫رجل أعطي يب مث غدر‬
‫ورجل استأجر أجرياً فاستوىف منه ومل يوفه‬
There are three people that I am going to
prosecute on the day of Judgement and whoever
I prosecute, I will win against him: A man who
was given by me, then he left the path; A man
who sold off a free person then consumed the
profit from the sale; A man who hired out a
person then used his services without
compensating him. [See Fathul-Bari with Saheeh
alBukhari (4/417)]

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:Opinion 2

It is permissible to sell blood.

Proof         

   
And He has made clear to you that which He
forbade upon you except that which you are
forced into. [AlAn’am: 119]
     
  
And upon the child (from his wealth) is to
provide for them financially (the wet nurse) and
to clothe them in goodness… [AlBaqarah: 233]

‫ الضرورات تبيح احملظورات‬:‫قاعدة‬

Rule of fiqh: Dire necessity makes the prohibited
permissible.

Allah only made flowing blood forbidden, not

any other type of blood or blood producing
organs such as liver and spleen.

The scholars who did not allow the sale of blood

did it on the basis that there is no benefit in blood
itself. [Eg: Ibn Qudamah in alMughni (4/260)]
However, modern science shows the benefit that
blood has for the recipient.

The stronger opinion: The second opinion due to:

 The strength of their proof
 In a time such as ours where the number of donors is decreasing
and the need for blood is at such a critical level, then to buy
blood should be allowed. Similar to this, is how the scholars of
various madhabs changed their opinion regarding charging
money for teaching the Quran when it was noticed that very few
people were teaching it and the Quran was in danger of not being
taught and since Quranic teachers were no longer able to do it for
free due to their inability to have alternate sources of income.

Note: The person receiving and giving the money can of course
intend that the fee is for the service of providing the blood and not
for the blood itself. Also, this matter should be under the care of the

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government so that blood banks are not forced into coaxing clients
into donating blood and luring them with financial compensations.
Also a lot of care must be taken to prevent frequent donors from
abusing this system to make a living out of donating blood for
money.

Is donated blood pure or impure?

The scholars of Islam consider the blood of a human being other

than a martyr and the blood of a non-marine animal; that has been
extracted from them dead or alive – as long as it is gushing and a lot.
[See Fiqh al-Islami wa Adillatuhu of Sh Wahbah az-Zuhaili (1/150)]

Ibn Mundhir reports concensus of the scholars upon the impurity of a

large amount of blood – which ever type of blood it is (other than
from fish and that animal/insect which does not have flowing blood).
[See Mawsoo’atul-Ijma (2/1106)]

As for any blood that is not a lot and does not gush out and flow –
such as the blood in the meat when skinning the animal after it has
been slaughtered etc.. then this blood is considered pure. There is no
known difference amongst the scholars on this matter.

Similarly therefore, the blood that is extracted by syringe and into a

test-tube – then it is not a lot and not does not gush out and thus does
not take the ruling of impure blood. It is thus considered pure. As for
extracting a large quantity of blood, such as in blood donation – then
it resembles gushing blood or is a lot in quantity and thus it is closer
to being impure. And Allah knows best.

Does taking out the blood break the donor’s wudu?

The Hanafi scholars may Allah have mercy on them are of the
opinion that if a person has flowing blood that comes out of him,
then it breaks his wudu – but not a drop or two. Their proofs rests on
the hadeeth: “Wudu should be made from every flowing blood.”
[Reported by Ad-Daraqutni and it is not authentic. See Nasb Ar-
Raayah (1/37)] There are also some reports of the Prophet sallallahu
alaihi wa sallam telling those who had various types of bleeding to

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make wudu – such as to Fatimah bint Qayis who had a lot of
bleeding [Reported by AtTirmindhee]. Also the hadeeth: “Whoever
vomits or has a nose bleed, then let him go away and make wudu
again and build upon his prayer as long as he has not spoken.”
[Reported by Ibn Majah. See Na’ilul-Awtar (1/187)]

The Hanbali scholars may Allah have mercy on them are of the
opinion that it breaks the wudu as long as it is a lot, basing it on the
hadeeth or Rasulullah sallallahu alaihi wa sallam to Fatimah bint Abi
Hubaish who used to have defective bleeding: “It is from a vein, so
make wudu for every prayer.” [Reported by AtTirmidhee]

The Maliki, Shafi and Dhahiri scholars may Allah have mercy on
them are of the opinion that the flowing of blood from other than the
front and back passages does not break the wudu. [See Bidayatul
Mujtahid (1/34)]

Imam Ibn Taymiyyah rahimahullah says: There is nothing there that

obligates the making of wudu, rather it is simply recommended to do
so. Indeed there is a hadeeth that the Prophet sallallahu alaihi wa
sallam vomited but he did not remake his wudu [Reported by
AdDaraqutni] and that he had cupping performed and he prayed
without remaking his wudu. [Reported by AdDaraqutni] Also this is
aided by the fact that many of the companions would pray with
blood flowing from injuries that they suffered and that never once
did the Prophet sallallahu alaihi wa sallam order them to repeat their
wudu. [See Majmoo al-Fatawa (25/238)]

Does donating blood break the donor’s fast?

The opinion of the majority of the scholars of Islam from the Hanafi,
Shafi, Maliki and also an opinion in the Hanbali school is that it does
not break the fast. This is based on the hadeeth: “The Prophet had
cupping performed whilst he was in ihram and he had it performed
whilst he was fasting.” Also: “The Prophet sallallahualaihi wa sallam
gave us the concession to have cupping done whilst fasting.” [See
Fathul-Bari with Sahih alBukhari (4/178)]

The second opinion is held by the Hanbali madhab and is an opinion

in the Shafi madhab and is the opinion of the vast majority of the

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scholars of hadeeth. This is based on the hadeeth: “Both the one who
cups and the one who has cupping performed on him has broken
their fast.” [Reported by the five except at-Tirmidhee and
authenticated by Imam Ahmed. See Fathul-Bari with Sahih
AlBukhari (4/209)] Also the hadeeth used by the scholars of the first
opinion, is not authentic for the wording “and he had cupping
performed whilst fasting”. [See Majmoo al-Fatawa (25/252, 267)]

The second opinion is the stronger opinion and Allah knows best.

Does receiving blood break the recipient’s fast?

The majority of the scholars of Islam are of the opinion that it breaks
the fast since it has entered into his body.

Other scholars such as Ibn Taymiyyah and Ibn Hazm are of the
opinion that it does not break the fast since this is not in the meaning
of eating and drinking. [See AlMughni (3/119-126)]

The first opinion is the safer and stronger opinion and Allah knows
best.

Does receiving/donating blood establish mahramiyyah

and relationships like breast feeding establishes?

The World Fiqh council in their meeting in Rajab 1409A.H.

(corresponding to February 1989C.E.) in its 11th seating, ruled that
donating/receiving blood does not establish mahramiyyah and
relationship and that this matter is specific to breast feeding only.

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Abortion and family planning

The basic ruling regarding abortion is prohibition due to the verses in

the Quran that establish the sanctity of human life.
In order to understand the rules of abortion, we need to understand
the rulings regarding the various stages of creation since inception.

Stages of creation

Nutfah This starts since the formation of the zygote until

[Drop of sperm] the implantation, until another 8 days since
inception. Allah says:
        
Then we made it into a Nutfah in a protected
place. [AlMu’minoon: 13]

Alaqah Then the Nutfah goes into the stage of alaqah

[Clot of blood] until the 22nd Day since inception. No organs
have started to form yet, but the primitive heart
tube is forming as are the three embryological
layers. Allah says:
      
     
Read in the name of your that created you. He
created you from a clot of blood. [AlAlaq: 1-2]

Mudgah In this stage, the primitive heart has started to

[Chewed piece breathe and the kidneys start to function as has
of flesh] the brain by the 40th day when the first electrical
impulses can be felt. This lasts till the end of 40
days. Allah says:
    
Then we made the clot of flesh into a chewed
piece of flesh. [AlMu’minun: 14]

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Clothing of At this stage, the fetus continues to divide and
flesh increase in differentiation and complexity. By
the 56th day, all the Carnegie stages have
completed and so after that it is simply about
increasing differentiation and complexity. Allah
says:
    
      
     
So we clothed the chewed piece of flesh with an
adornment. Then we made it into a new creation.
So glory be to Allah the best of Creators.

When is the soul blown in?

The majority of the scholars of Islam are of the opinion that the soul
is blown into the womb at 120 days based on the narration of Ibn
Masud in AlBukhari that mentions the first 3 stages each with 40
days. As for the narrations in Muslim, it mentions 40 days and some
mention 42 and 45 days. A narration of Jabir in Sahih Muslim
mentions: “When the nutfah lies in the womb 40 days or 45 nights,
then Allah gives the command for its creation.” This is therefore also
a very strong opinion.

The ruling of the Islamic fiqh academy which is attached to the

Muslim World league in its ruling on the 10th of February 1990 gave
a ruling reflecting the following:
Important matters to note:
 The vast majority of the scholars of Islam are of the opinion that
since the soul is blown at the age of 120 days – abortion after the
age of 120 days is not permissible at all except if it can be proven
that the mother’s life is in danger of being lost.
 The majority of the scholars are of the opinion that even before
the 120 days, abortion is not allowed since it would destroy the
potential of life.
 According to the opinion of 120 days, if before the 120 days is
up, there is sufficient evidence and it is the opinion of the
scholars that the child has significant medical problems and will
be born deformed and cause significant difficulties for the

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 parents, then here it is permissible to seek to abort provided a
panel of doctors agree to the course of action.

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Family planning
It is permissible in Islam to seek ways for planning to have
appropriate breaks between children based on the fact that the
sahabah used to perform Azl in the time of Rasulullah sallallahu
alaihi was sallam. [Reported by Muslim (No.1439)]

In general however, to choose permanent means of contraception is

not permissible except under undue difficulty. Also choosing
temporary contraception but for economic reasons is not appropriate
since there are two direct verses of the Quran addressing those who
do this to avoid itt.
Of the types of contraception, the following principles should be
followed:
 Choose the type that entails the least exposure of the patient’s
body to the medics.
 Choose the one that has the least side effects.
 Choose the non-permanent option.
 Choose the one with the highest PEARL index.
 Choose the one with the least oversight required and minimal
intrusion.

Note: Since the morning after pill simply prevents implantation, it is

not considered an abortifact, rather it is from contraception. Based
on this, it is permissible to dispense.

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