Applicability of Islamic Methodology Concerning Novel Issues to the Organ Transplantation in Religious Scholars’ Contemporary Discourse

Abstract

Classical Islamic theology has laid down a meticulous and intricate methodology of dealing with novel issues from theological perspectives; to understand and actualise religious viewpoints regarding any matter or event that did not take place during the early formative period of Islamic Shari’ah, i.e., the lifetime of the Prophet (S.). During the later formative period, classical Islamic scholars developed several principles such as Qiyas (analogical deduction), Ijma’(consensus), Istihsan (public interest), ‘Urf (local norms) and so on, that all together would build the construct of the concept of Ijtihad (independent interpretation), and which would be carried out by competent religious scholars. Organ transplantation, of which organ donation is a conceptual component, is a contemporary issue that was not familiar among Muslim scholars in the early era. Therefore, it is the contemporary religious scholars’ responsibility to address this matter and bring Islamic judicial inference into the discussion. In doing so, some of the scholars differ in opinions. This paper aims to offer an introductory survey of the religious viewpoints on this issue, as presented by leading scholars from different schools of thought. This study will also include the judicial principles they have adopted in reaching those opinions. By doing so, this paper will introduce an overview of current and ongoing theological discourse on the matter of organ transplantation and donation.