Issues and Questions


By Dr Muzammil H. Siddiqi

Q. Can a Muslim patient sign documents to the effect that if it is medically established that there is no hope for a cure, cardiopulmonary resuscitation be not carried out?
A. Cardiopulmonary resuscitation is a medical treatment. Its purpose should be only to help in the healing and curing of a patient. If a conscientious and trustworthy doctor (preferably doctors) determines that the patient will not be helped any further by this treatment, the doctor is allowed to suspend or terminate the resuscitation. A patient can also make such a request. But one should study the documents very carefully before signing.
Q. Can a Muslim physician honor such a request from a Muslim or a non-Muslim patient?
A. If it is allowed to make such a request, then it is also allowed to honor it. But keep in mind my answer to the previous question.
Q. What does Islam say about organ donation during life or after death? Is this allowed in Islam?
A. This question has been very much debated by the jurists (Fuqaha') in the past two decades. The Supreme Council of Ulama' in Riyadh (as per their resolution no. 99 dated 6 Dhul Qi'dah 1402) has allowed both organ donation and organ transplantation in the case of necessity (idtirar). The organ can be taken from the body of a living person with his/her consent and approval and also from the body of a dead person.
In the case of a living person, the jurists have stipulated that this donation should not deprive him/her of vital organs. It should also not cause risk to his/her normal life. The Fiqh Academy of the Muslim World League, Makkah also allowed organ donation and transplantation in its 8th session held between 28 Rabi'ul Thani - 7 Jumadal Ula, 1405. The Fiqh Academy of the Organization of the Islamic Conference in Jeddah during the year 1408 and the Mufti of Egypt Dr. Saeed al-Tantawi, also allowed the use of the body organs of a person who has died in an accident, if the necessity requires the use of any organ to cure a patient, provided that a competent and trustworthy Muslims physician makes this decision.
It is important to note that most of the Fuqaha' have allowed the donation of the organs only. They do not allow the sale of the human organs. Their position is that the sale of human organs violates the rules of the dignity and honor of human being and so it will be haram. Some jurists suggest that because people have become too materialistic and it may not be possible to find a free organ, so under necessity one can purchase the organs, but a Muslim should never sell his/her organs
Q. My question is related to one Hadith, which was quoted this Friday in my area by the Imam. The Imam who is a young Muslim was talking about the unity among Muslims. His stress was on the fact that even though Muslims have differences in their opinion, culture, social set up etc., these differences do not mean that we should start fighting with one another. Up to this point I totally agreed with the Imam but then he quoted a story from Hadith which I had never heard before and I was confused. I couldn’t make out what kind of message Imam Sahib wanted to convey to us. Anyhow, here is the story from Hadith.
During the Battle of Khandaq, the Prophet - peace be upon him - was asked by Allah through Hazrat Jibrael to move forward towards an area (I forgot the name of the valley) and to conquer it. So the Prophet ordered his companions to move. In order to accelerate the spirit among his companion, the Prophet - peace be upon him -also told them that they would pray Salatul Asr at that place. So during the journey when the time for Asr prayer came, the Sahabah were divided. One group was saying that our Prophet asked us not to pray so we should not pray. The other group was of the opinion that the Prophet's intention was just to expedite the journey and not to miss the prayer so we should not miss the Asr prayer. So this group went ahead and prayed the Asr and the other group skipped the prayer. When the matter was brought to the attention of the Prophet, and he was asked which group of his companion was right, he replied, "Both".
Dr. Sahib, is this a true story? Do you know the sources of this Hadith?
I am skeptical about this story. Although it contains a great message of unity, nevertheless, I think it also raises several other serious issues, such as the credibility of the orders of Prophet Muhammad - peace be upon him - among his companions and the loyalty and faithfulness of the noble companions, which no true Muslim can even dare to doubt.
A. The Hadith that your Imam mentioned in his khutbah is correct and it is mentioned in Al-Bukahri. However, the way you have mentioned it in your question is not accurate. In al-Bukhari it is mentioned that Abdullah ibn 'Umar reported, "We were returning from Al-Ahzab, the Prophet - peace be upon him - told us, 'No one should pray 'Asr except when you are in Bani Quraizah (name of a place).' But the time of 'Asr came upon some people while they were on their way. Some of them said, 'We shall not pray until we reach there (i.e. Bani Quraizah)', but others said, 'But we shall pray because he (the Prophet - peace be upon him) did not mean this from us (that we delay our prayer).' So when this was reported to the Prophet - peace be upon him - he did not reprimand any one of them. (Al-Bukhari, Sahih, Hadith no. 894)
This is a very important Hadith to teach us tolerance in the situation of difference of opinions. It also tells us that the Sahabah were very careful in obeying the commands of the Prophet - peace be upon him. The Prophet told the Sahabah to go to Bani Quraizah and pray the 'Asr when they reach there. Various groups left towards that direction. Some people were on their way and the time of 'Asr came before they could reach their destination. Now the question came, 'Should we pray now or should we pray when we reach Bani Quraizah as the Prophet - peace be upon him - had said?' Some of the Sahabah said we have to follow the command of the Prophet. He told us about the prayer and about its times, but now he told us that we should not pray until we reach Bani Quraizah, so we shall not pray until we are there. This is the command of the Prophet and we must follow his command. They felt that they must follow the exact order of the Prophet almost literally, no matter when they will arrive at their destination, even if it was after sunset. According to their interpretation the 'Asr prayer had to be performed on that day in the town of Bani Quraizah. This, they understood, was the order. The other group said that they should try to understand the purpose and meaning of this order. The Prophet - peace be upon him - always told Muslims to pray on time, why would he tell them today to delay their 'Asr prayer? The real meaning of this order, as they understood, was to move fast and reach Bani Quraizah before 'Asr time. Since they were not able to do that, they felt that it was necessary to stop and pray 'Asr at its time and then to resume their journey.
Both groups were very sincere and both wanted to follow the order. One groups interpreted the order literally and the other group gave a more metaphorical interpretation. One group considered the words of the order, the other group considered the intent behind the words. Obviously, one of them was more correct than the other, but the Prophet did not criticize any group, because he liked this effort and this process of interpretation. He wanted to encourage them and latter Muslims to continue their efforts in understanding and interpreting the Qur'an and Sunnah.
This Hadith gives us many lessons. First, we must follow the orders of the Prophet - peace be upon him. Second, we must do our best to understand his orders. Third, it is possible that scholars and sincere people differ among themselves. Fourth, when there is a difference of opinion based on sincere efforts in understanding and following then there should be no quarrels and disputes and no one should accuse those who differ with him. We Muslims today very much need to reflect on this Hadith and learn from it.
-DrSiddiqi@aol.com

Editor: Akhtar M. Faruqui
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