Autopsy

http://islamqa.org/hanafi/daruliftaa/7869

Are post-mortems allowed in Islam for a valid reason?

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

A very important and fundamental principle should be remembered with regards to the human body in that the human body, whether dead or alive, is considered sacred according to Islam. Thus cutting it, mutilating it and tampering with it in any way is considered blameworthy and unlawful.

Allah Most High says:

“And verily we have honoured the children of Adam.” (Surah al-Isra, V.70)

A human body is sacred even after death. The Messenger of Allah (Allah bless him & give him peace) said: “Breaking the bone of a dead person is similar (in sin) to breaking the bone of a living person”. (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad)

Imam, Abu Ja’far al-Tahawi (Allah have mercy on him) states in the explanation of this Hadith:

“The Hadith shows that the bone of a dead person has the same sanctity and honour as the bone of living person”. (Sharh Mushkil al-Athar)

Allama Ibn Abidin (Allah have mercy on him) states:

“A human being is honoured according to Shariah even if one is a non-believer (kafir), and the meaning is that one’s body and organs are sacred. Hence, it will not be permissible to even break the bone of a dead non-believer’s body.” (Radd al-Muhtar)

Thus the human body, dead or alive, has great significance. It is honoured and sacred, and because of the sanctity that is attached to it, it will be unlawful to tamper with it, cut parts of it or dishonour it in any way.

Based on this very important principle, many scholars have declared that carrying out post-mortems is unlawful, because it violates the sanctity of the human body. Cutting and dissecting the human body cannot be considered permissible regardless of what beneficial results may stem out from carrying out a post-mortem.

Moreover, in carrying out a post-mortem, the body of the deceased person will be stripped naked. This, in itself, is also not permitted without a genuine and valid reason, they say.

Also, the body will be denied the many injunctions and rituals prescribed by Shariah, such as promptly burying it, not transferring it from one place to another, ritual bath (ghusl), shrouding (kafn), etc.

Due to the above reasons, these contemporary scholars have declared that post-mortems are unlawful unless when there is a genuine need, such as for criminal identifications and when one is forced by law.

They state that Muslims, living in places where post-mortems become necessary by law, should struggle in order to avoid post-mortems, because the benefits can be obtained from other sources also. However, if one is compelled by law, it would be permitted due to need and necessity.

On the other hand, some contemporary scholars are somewhat relaxed with the issue of post-mortems. They put forth examples of Islamic jurisprudence (fiqh) where permission is given to cut open the dead body due to need. For example:

If a pregnant woman dies with her baby alive in her stomach, it will be necessary to cut open her body and remove the baby. However, if the baby was also dead, it will not be permitted to cut open her body. (See: al-Fatawa al-Hindiyya and Fath al-Qadir)

Imam al-Kasani (Allah have mercy on him) states:

“If a pregnant woman died with her child trapped in her stomach, then if it is thought the child will be alive, her stomach will be cut open, because we have been faced with two evils and we are choosing the lesser of the two. Cutting open the dead mother’s stomach is lesser of an evil than killing the living baby.” (Bada’i al-Sana’i, 5/129)

Another example is that of a person who unjustifiably and unlawfully swallowed a precious item, like a gemstone, of another person and then died. In such a case, if the one whose precious item he swallowed was to demand compensation, then if the deceased person left some money behind, it will be paid from his leftover wealth. However, if he left nothing behind, his body will be cut open and the precious stone or item will be removed from him and returned to its owner. (See: Fath al-Qadir and al-Fatawa al-Hindiyya)

Thus, in light of the above two examples, this group of scholars give permission for carrying out post-mortems. They state that, based on the rule of “choosing the lesser of two evils” post-mortems would be justified even for medical research and scientific purposes.

The reason being-they say- is that in carrying out medical research on few dead bodies, we are saving the lives of many others. By compromising one aspect (of dishonouring the human body) there is larger benefit at stake. By carrying out post-mortems, medical students will benefit, justice will prevail and also contagious diseases will be controlled. (See: Khalid Sayf Allah Rahmani, Jadid Fiqhi Masa’il, 1/ 203 & others)

In my personal view, I think post-mortems should only be restricted to cases of need, such as when one is compelled by law for the purpose of criminal identification. However, carrying out post-mortems for medical research should be avoided, especially when the objective can be obtained by operating on animals and plastic bodies.

As far as the work of the doctor is concerned, if post-mortem is a legal requirement, then it would be permitted for him/her to perform the post-mortem. However, if that is not the case, one should avoid it.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://islamqa.org/hanafi/askimam/1676

1)is organ donation and autopsy permissible in islam,can u xplain prohibition of dissection of cadaver according to Quraan or Hadiths?
2)if a person dies in condition of ghusal,for xmple sumone masturbated and afterward he died before doing ghusal, will he b in state of imaan ?
3)wats the difference b/w gunah and haraam..Is smoking gunah or haraam and wat about selling cigrettes?

Answer

In the name of Allah, Most Gracious, Most Merciful 

Assalaamu `alaykum waRahmatullahi Wabarakatuh 

1) Many Islamic scholars and Jurists have written on the subject of organ transplant. Over the decades, medicine has improved and advanced dramatically, taking medical technology to extreme heights.

Today, through the vast medical advancement, almost any transplant of the human body can be performed. Owing to the technological medical changes, prominent and renowned jurists of the world have carefully analyzed the process of organ transplant and upon investigation made the following observations:

1) When any person’s limb or organ becomes unusable and that limb or organ is needed to function in the future by a suitable replacement then the following conditions must be considered:

a) Use of a non-living artificial component.

b) Using the organ of those animals that are permissible to eat and were slaughtered according to the Islamic law.

If there is an imminent fear of loss of life or danger of losing the organ and the replacement is only found in haraam animals or in permissible animals (which can be eaten) but not slaughtered according to Islamic law, then use of such a component will be permissible. However, if there is no imminent danger of loss of life then it will not be permissible to use anything from the pig.

2) Similarly, a transplant of any nature whatsoever is permissible from one part to another part of the body of the same person when necessary.

3) The sale of any part of the human body is haraam.

4) If any ill person reaches a stage where a specific organ becomes unusable to such an extent that medical experts are absolutely certain that besides the human organ there is no other life-saving substitute, the human organ is easily available to the patient, and the patient’s life is in danger, then in that dire need a human organ transplant will be permissible.

5) When a perfectly healthy person on the advice of an expert physician confirms that the removal of one kidney will not harm nor cause ill-health whatsoever and considering the deteriorating health of his sick immediate family member which may cause death and there is no other alternate or substitute then this will be permissible with the condition that the kidney be donated and not sold.

6) The wasiyya (bequest) of the organs after death is forbidden in shari’ah.

2) Dissection of a cadaver (autopsy) is also impermissible due to the same reasons mentioned above. Rasulullah (Sallallahu Alayhi Wa Sallam has said:

كسر عظم الميت ككسره حيا

“Breaking the bone of a dead person is similar (in sin) to breaking the bone of a living person.” (Sunan Abi Dawud, Vol. 2, P. 101, HM Saeed)

However, it will only be permissible in cases of necessity when it is required by law or in criminal cases.

Most of the scholars of the Arab world have approved autopsies for medical science research. This issue was discussed by the Islamic Fiqhi Academy of Makkah Mukarramah in October of 1987 where permissibility was given as long as the following conditions are observed:

a) An approval should be obtained from the deceased before his death or his heirs should agree to it after his death.

b) The body should not be opened up more than what is necessary.

c) Only female doctors should be allowed to a post-mortem of a female body.

d) The body should always be buried in the end.

(Fiqhi Feslain, P. 183-184, Islamic Fiqhi Academy, India)

الإنتفاع بأجزاء الآدمي لم يجز

(Fatawa Alamgiree, Vol. 5, P. 354, Rashidiyya)

والآدمي مكرم شرعا وإن كان كافرا فإيراد العقد عليه وابتذاله به وإلحاقه بالجمادات إذلال له . أي : وهو غير جائز

(Raddul Muhtar, Vol. 5, P. 58, HM Saeed)

والآدمي مكرم شرعا وإن كان كافرا فإيراد العقد عليه وإبداله به وإلحاقه بالجمادات إذلال له .

(Fathul Qadir, Vol. 6, P. 425, Mustafa Babil Halbi)

(Fatawa Mahmudiyya, Vol. 18, P. 336-338, Faruqiyya)

3) A person passing away in a state of ghusl with no physical impurities on him has nothing to do with being in the state of iman. A person who sincerely believed in Allah as his Lord and Muhammad (Sallallahu Alayhi Wa Sallam) as the final messenger at the time of death will be one who passed away in the state of iman.

4) Haraam refers to a prohibition. If a person acts upon a prohibited act without a valid excuse he will be considered faasiq and sinful. (Bahishti zewar 11/4 Kutub Khana Isha’at Islaam)

Ghunah is an Urdu word meaning sin. A person gets ghunah after committing an act which is haraam or makruh tahreemi (abominable). The act of smoking has been proven to be injurious to health. Most Hanafi scholars have regarded smoking to be makruh tahreemi. Therefore, it is unlawful.

The selling of cigarettes and the act of smoking both have the same rule. Any income from cigarettes will also be makruh.

(Fatawa Mahmudiyya, Vol. 18, P. 388, Faruqiyya)

And Allah knows best

Wassalam

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah