5- Contemporary Fiqh - Organ Donation, Autopsy - Sayed Ahmed Qazwini

16 المشاهدات· 24/07/19

Al-Hujjah Islamic Seminary
1 مشتركين

في محاضرات

Contemporary Fiqh, offered in 2018-2019, is now available to take online at Al-Hujjah Islamic Seminary. The first five classes are available to view as a demo to get an idea of how the course is instructed. To register for this class, see all class videos, and take the exams, visit hujjahseminary.com. For any questions, email us at [email protected]

أظهر المزيد

Transcript

[0:01]smella rahmanir rahim al-hamdu lillahi rabbil alameen wa sallahu wa salam wa

[0:10]ala muhammadin wa ala nabina pah here in la mosul ala muhammadin

[0:14]wa ala muhammad respected brothers and sisters salaam alaikum wa rahmatullahi wa

[0:23]barakatuh in our previous session we discussed the topic of organ donation

[0:28]and we said that there are mainly two views when it comes

[0:32]to organ donation we said the first are those scholars that say

[0:39]it is permissible to donate your organs to anyone whether the recipient

[0:44]is a Muslim or not whether their life depends on my organ

[0:47]or not and then we went over the second view which are

[0:54]those scholars that say you can only donate your Scott your organ

[0:57]to a Muslim if the Muslims recipient if his life depends on

[1:04]my organ only then I can write in my will that my

[1:07]organist to be donated after I die to that person and we

[1:13]mentioned the first argument for the second view and shala in this

[1:17]session I will mention the second argument the second argument that some

[1:21]scholars have mentioned for why it is not allowed to donate my

[1:30]organs to just about anyone or a Muslim unless his life depends

[1:35]on it is a very interesting and fine argument it's a very

[1:40]fine point and I have seen that out of these scholars say

[1:45]this is Danny half of the whole law he mentions this argument

[1:48]in specific what I say deceased and he says why he has

[1:53]reservations about donating organs after we die is that he says medically

[2:02]speaking one is it acceptable to donate my organs if I want

[2:07]my organs to be donated to someone after I die medically speaking

[2:11]there are two conditions for that number one I have to be

[2:17]dead obviously because I'm writing in the door organ donor registry I'm

[2:21]writing in my will that after I die take my organs so

[2:25]number one I have to be dead and number two condition number

[2:28]two is my organs have to be alive or else if my

[2:34]organs are dead they're useless so I have to be dead but

[2:40]my organs have to be alive and usually when the human being

[2:43]dies very quickly his organs also die they become useless you can't

[2:47]donate them I've asked I've researched it on the internet and I've

[2:51]asked a few doctors they say that the window for you know

[2:56]how long the organs can survive after someone dies is anywhere from

[3:00]30 minutes to an hour so if someone dies in a car

[3:05]accident if they die in their house usually by the time they're

[3:08]taken to the hospital the organs will be useless so usually most

[3:14]people that end up donating their organs are those individuals that are

[3:20]declared brain-dead while they are in the hospital because like we said

[3:27]for someone to donate their organs number one they have to be

[3:30]dead number two their organs have to be alive how do you

[3:31]have that situation it seems like a paradox I have to be

[3:36]dead but my organs have to be alive now this paradox is

[3:38]solved by someone that is brain-dead because technically when I'm brain-dead doctors

[3:44]consider me as dead but my organs are alive so this is

[3:52]a perfect situation for my organs organs to be donated so that's

[3:56]why most people when their organs are donated if they write in

[3:59]the organ registry donor registry if they write it in their will

[4:05]that they want their organs to be donated after they die it's

[4:08]usually done when they are declared brain-dead in the hospital they're placed

[4:14]on the ventilator the life support only then the organs can be

[4:17]taken and donated to a person that needs it so when someone

[4:25]is declared brain-dead medically speaking doctors consider this person as dead he's

[4:31]dead he's just like someone that has you know it's completely dead

[4:35]so this makes him a perfect candidate to take his organs because

[4:41]he's dead but his organs are life now what's the problem here

[4:47]say the Sistani says the problem is Islamically he's not considered as

[4:51]that someone that is brain dead according to a sadist Sistani and

[4:55]many our lemma this person is still alive his heart is pumping

[5:00]his lungs are working even though it's being done by a ventilator

[5:04]the point is he's not dead he's still alive so say this

[5:09]is Danny says since he is still alive if that person wrote

[5:12]in his will take my organs after I die you can't take

[5:16]his organs because he's still alive and in fact he says if

[5:21]you do go and take his organs his vital organs like his

[5:24]lungs or his hearts you'll end up killing him this is a

[5:28]type of murder Saints this Danny says you have to leave him

[5:32]until he naturally dies fully dies or until you can no longer

[5:35]pay the bills and he'll forcibly will be take taken off the

[5:41]ventilator so st.

[5:41]Sistani says while he is brain dead he's still alive you can't

[5:45]take the body organs when can you take them once he's completely

[5:47]dead what's the problem once he's completely dead we said his organs

[5:52]will be useless so when his organs stop working and this is

[5:58]where Sade Sistani says technically he's dead now Islamic Lee it's too

[6:03]late now you can't take his organs so Saint Sistani says that

[6:08]when you're brain dead and your organs are useful you can't take

[6:12]the organs since that person is still alive Islamic Lee and after

[6:16]he dies and you can take his organs because he's dead his

[6:21]organs will be useless so when his or isn't when his organs

[6:23]are useful you can't take them because he's alive when he is

[6:27]dead they're useless so Saint Sistani says the reason why we say

[6:31]organ donation is Haram is because usually the only time that we

[6:38]can benefit from that dead person's organs is when he's brain dead

[6:41]and when he's brain dead it's not allowed to take or not

[6:43]allowed to take his organs because he's still alive we'll be killing

[6:47]him by taking his vital organs and after that it's useless so

[6:51]even if we said it's helada there's really no application for it

[6:56]I mean the only time or it's usable his organs is when

[7:00]he's alive and we can't take his organs when he's alive so

[7:03]that's why I say the Sistani says the entire a discussion of

[7:08]organ donation is useless most of the times because it's only useful

[7:13]to take the organs of that person when that person is brain-dead

[7:18]and when he's Brenda brain-dead Islamically is alive you can't touch his

[7:21]organs after he dies his his organs will be useless so that's

[7:27]why st.

[7:28]Sistani says it's Haram before he's dead and after that's futile so

[7:32]there isn't any real practical application there are some rare times when

[7:36]you can but it's very rare so this is the second argument

[7:39]of the second opinion those that say organ donation is Haram unless

[7:46]a Muslims life depends on it so obviously if a Muslims life

[7:52]depends on it then every Haram will become halal because saving another

[7:56]Muslims life is more important than anything else so even if that

[8:01]person is on the ventilator and he wrote in as well that

[8:03]you can only give my organs after I die and it would

[8:07]be kind of like killing that person but since we're saving another

[8:10]person's life a Muslims life all of that becomes okay because it's

[8:16]it outweighs the importance of keeping this person on the ventilator so

[8:21]this is the discussion about organ donation and now that it's clear

[8:26]I'll move on sha Allah to the next discussion the next discussion

[8:30]is about autopsy and it's very related to organ donation performing autopsy

[8:37]on a dead individual or post-mortem examination of a body is it

[8:43]allowed or is it prohibited in Islam now when it comes to

[8:48]forming an autopsy there is almost a consensus between the scholars that

[8:54]performing an autopsy on a Muslim body if the person that we

[9:01]want to perform the autopsy on is a Muslim deceased there is

[9:04]almost a consensus that it is Haram it is prohibited to perform

[9:11]an autopsy on that dead Muslim unless there is a compelling reason

[9:15]to do so now what is considered a compelling reason I'll get

[9:19]to that in a few minutes inshallah but the essential law is

[9:24]that it's Haram took to perform autopsy on a Muslims body now

[9:29]why the reason is because performing an autopsy it involves mutilating the

[9:36]body of that dead person it involves many dissections incisions and many

[9:42]of the bones will be broken and you know if anyone has

[9:48]seen a body after its or while it's the autopsy is being

[9:51]performed it's a very very disturbing scene and because of this scholars

[9:59]have said this is a violation of the sanctity of that person

[10:01]so unless you have a very very very compelling reason very strong

[10:05]reason to to mutilate that body and cut those you know those

[10:11]organs and and cut the body up and dissect it and break

[10:14]those bones that is Haram and there's a few a hadith that

[10:20]mention this I mentioned some of them in my past in the

[10:22]past class I'll mention some other now one hadith of amirul mumineen

[10:28]ELISA Lam says somato rasool allah sallallahu alayhi wa ala here pool

[10:33]a yeah come one muslim a noble koelbl aku imam ali ali

[10:36]salam narrates from the holy prophet he says i heard the holy

[10:41]prophets say beware of mutilating anybody it says haram even if it's

[10:45]a body of a of a dog so it is haram to

[10:49]mutilate the body after someone dies that person's body has sanctity has

[10:53]honored should should not be touched and it should be buried in

[10:57]that way and obviously this is a form of mutilation during the

[11:03]autopsy another hadith from Allah most radically Salaam one of the narrators

[11:08]as our sixth Imam he says elder Abba Abba doula and the

[11:16]rajulun cassava of mammalian if someone breaks the bone of an dead

[11:19]person the Imam said horror matru who may attend al-amin Haram a

[11:23]TV whoo whoo whoo hi he says the sanctity of a dead

[11:28]person is more than the sanctity of that person when he was

[11:31]alive so that means can you just go and break someone's bone

[11:35]of their life know when they're dead it's a greater sin don't

[11:38]touch those bones don't touch the body so it's Haram essentially to

[11:44]perform the autopsy because it requires the incisions and the dissections and

[11:51]the mutilation of the body however if there is a compelling reason

[11:55]to do so scholars have said if that reason outweighs the harm

[11:59]of Muller mutilating the body then it becomes Halong and becomes permissible

[12:03]so what are some examples that have been discussed between their ulema

[12:07]some exceptions to this rule number one if the autopsy is done

[12:14]for educational purposes as it acceptable or not if we dissect the

[12:18]body organs to learn about the body to learn about diseases scholars

[12:23]have said it is permissible only if this autopsy this educational autopsy

[12:31]only if it contributes to saving lives in the future if it

[12:37]contributes to saving lives in the future then yes fine it's helada

[12:43]what do we mean or mean by that if by dissecting these

[12:47]body organs studying them that will help us and better understanding diseases

[12:52]how to combat those diseases it will help us and to discover

[12:58]new medicines and ultimately all that together it will save many lives

[13:03]in the future so if the autopsy is for just educational purposes

[13:06]just to learn if it's for that reason and it will lead

[13:09]ultimately in the future to saving lives scholars have said only then

[13:16]it become halal will become permissible for educational purposes so that's the

[13:23]first example that scholars have mentioned and there is a hadith by

[13:28]one of the narrator's his name was Ali ammonia clean a companion

[13:32]of the seventh Imam Ali Bray of clean says in one hadith

[13:39]al to ABBA al to Abdullah he says I asked a lab

[13:40]the silent Abdul Allah the righteous servant that was one of the

[13:46]nicknames of our seventh Iman because it was a time of tapia

[13:49]they couldn't mention his name so he says I asked the seventh

[13:53]imam al imam al Karim Ali Salaam and Almira to mu-2 awhile

[13:57]I do javi but Neha on uShip go but no ha whoo

[14:02]ha Jwala do ha he asked the seventh imam about this situation

[14:05]if a pregnant woman dies while there is a child in her

[14:14]stomach what do we do the Imam said cut the stomach open

[14:16]just like in this when they do c-sections and take out the

[14:22]child because the child is living and then marry the mother so

[14:26]based on this we understand that the Imam he allowed I leave

[14:30]him up airplane he said it is acceptable to mutilate the body

[14:36]to you know cut the stomach of this dead woman why because

[14:39]it involves saving another life of another human being because saving that

[14:45]child's life is more important than you know the sanctity of that

[14:49]body than the harm of mutilation thus it's justified we can cut

[14:56]the body the stomach open because we're saving another life so based

[14:59]on this hadith scholars have said we understand if performing an autopsy

[15:04]which it requires it involves mutilation incisions dissections if it will lead

[15:12]ultimately not the same day but ultimately for the reasons I mentioned

[15:15]because of research purposes and combating diseases and so well it will

[15:20]lead to saving other people's lives then it will become acceptable so

[15:24]this is the first exception that scholars have mentioned for educational purposes

[15:33]only if it leads to saving lines exception number two the second

[15:40]exception that has been mentioned by scholars where it is acceptable where

[15:45]it has been discussed if it is acceptable to perform autopsy is

[15:49]for criminal purposes to determine if there was a homicide if there

[15:57]was a murder or not and many times autopsies during this day

[16:00]they are performed for this reason to see was this person killed

[16:03]or was it a normal death so is it acceptable to perform

[16:09]an autopsy to determine if there was a crime there was homicide

[16:13]there was a murder or is it not acceptable now scholars have

[16:19]said it depends on what you can prove with that autopsy we

[16:23]can't just give a blanket general per you know permission to to

[16:32]do autopsies for criminal purposes no it depends on what can be

[16:37]proven by this autopsy if scholars have said someone has been unjustly

[16:42]accused of a crime so this person is found dead and then

[16:51]another person is accused of a of killing this person and it's

[16:54]possible we may think that this person may be unjustly accused of

[16:58]killing that person and that person may face death penalty then the

[17:08]autopsy here it can maybe prove the innocence of that person and

[17:12]thus ultimately it will lead to saving his life correct he's accused

[17:16]of killing this person by performing the autopsy it's possible that we

[17:21]can clear him of this crime and clear him of the death

[17:26]penalty so this autopsy can potentially save this person's life now it

[17:31]may not it may actually prove that he is the killer but

[17:33]it can potentially prove that he is innocent and ultimately save his

[17:39]life scholars many scholars have said here it is permissible to perform

[17:43]the autopsy because in the end it's leading to someone's life being

[17:47]saved but however if no one is accused we just found someone

[17:53]dead in his apartment or his in his house and we want

[17:56]to try to find out if there was a crime or not

[18:01]scholars here have disagreed some have said it is permissible to perform

[18:07]the autopsy to see if there was a crime or not you

[18:11]see the first exception we said we know there is a crime

[18:14]we don't know if it's this person this person has been accused

[18:16]maybe he's been wrongly accused so maybe this autopsy will save his

[18:22]life but the second example is no we don't know maybe he

[18:24]died of a natural cause maybe there was a crime and we

[18:30]want to perform this autopsy to figure it out and we want

[18:35]to hold you know if there is a crime we want to

[18:37]hold the killer responsible Mamie will find clues as to why he

[18:42]was killed and who killed him and we can hold the killer

[18:45]accountable now like I said some have said this is permissible because

[18:50]they have said finding the killer or you know finding out if

[18:56]there was a crime and and holding the killer accountable is more

[19:00]important than you know the sanctity of that body because in the

[19:04]end amongst a part of the sanctity of this body is to

[19:10]you know a part of the sanctity of this person is to

[19:12]give him justice and we can maybe only give him justice if

[19:17]we perform the autopsy so in the end it works better for

[19:20]this person's honor and dignity that has died that by performing this

[19:26]autopsy we can probably find out who the killer is and serve

[19:29]this person justice by holding that killer accountable so even though we're

[19:34]mutilating his body but it says for his own good yes mother

[19:47][Music] this person actually died and if the culprit is actually the

[19:59]killer well you can't mother ID you can't deny that this is

[20:02]a violation of a sanctity I mean who would want his body

[20:07]to be cut up into pieces and his bones his ribs broken

[20:09]so you can't deny that this is something very disturbing unpleasant however

[20:15]would you can argue for we will do that for a greater

[20:20]cause it's like someone that has a disease and you know they

[20:23]say we have to amputate your hand or foot it's not a

[20:27]pleasant thing to amputate his body part but however he says I

[20:31]will accept this bad you know this is very hurtful and disturbing

[20:36]result or this disturbing you know amputation because it's for a better

[20:43]cause so you can't deny that it's something bad but it's something

[20:50]that most human beings are you know they find it repulsive they

[20:53]find it very disturbing just to look at the body just open

[20:55]and dissected and and and it's very very good partly repulsive so

[21:01]you can deny that this is not you know a violation of

[21:04]his dignity it is but however if it out if there is

[21:11]something else another reason that outweighs that then it becomes okay because

[21:15]for the greater good we'll do it anyway so because it does

[21:19]involve that violation and you know it is a type of mutilation

[21:22]and the amana's they have prohibited us from mutilating the body then

[21:29]you need a very very you know compelling powerful strong reason that

[21:35]over ways this you know act of mutilation so like I said

[21:39]some scholars they have said yes to find for criminal purposes to

[21:46]find the the killer they murder it is okay to do the

[21:49]autopsy because finding the killer is more important than you know the

[21:56]the mutilation but others other scholars like st.

[21:59]Sistani I've seen he has a fatwa that says no for criminal

[22:04]purposes were not allowed to perform autopsy why he says because we

[22:10]can't be you know certain how can we say for sure that

[22:13]finding the killer is more imports and outweighs the sanctity or the

[22:21]harm of mutilation it could it and may not we have to

[22:22]be certain we have to be sure that it outweighs say it

[22:26]Sistani says I can be certain that it outweighs so as long

[22:28]as I can't be certain it outweighs I can give the fatwa

[22:32]for it to be permissible so there is a disagreement on the

[22:36]criminal purposes of autopsy this is the second exception and the third

[22:41]and final exception that has been discussed between scholars is for diagnostic

[22:45]purposes we just want to find out why he died you know

[22:51]we found him dead in his apartment was it a drug overdose

[22:54]was it a heart attack we don't think there was a criminal

[22:59]purposes no we just want to see why he died I've heard

[23:01]in the news many times you know specially certain celebrities or important

[23:06]people they they're found dead in their houses and they want to

[23:11]do an autopsy just to see why he died usually there isn't

[23:14]any suspicion for crime it's just for you know informational reasons just

[23:21]to diagnose what he causes or sometimes I have heard stories of

[23:26]miscarriages or still births when the child dies in his mother's room

[23:31]and you know he's it's a complete child in the later stages

[23:37]right before delivery the child dies and sometimes after the the mother

[23:42]delivers of the dead baby they want to see why did the

[23:44]child die so they perform an autopsy so that it won't happen

[23:50]the second third time here most scholars most scholars they have said

[23:54]it is not permissible to perform the autopsy just to you know

[23:58]diagnose why he died for the same reason we mentioned because that

[24:03]is not a more important reason that does not outweigh the sanctity

[24:07]of the body let him die on the day of judgment Allah

[24:12]will find out let him have a peaceful burial let his body

[24:14]be intact and untouched and we don't have to find out why

[24:20]he died even there is a reason a good reason we're not

[24:22]sure that it will outweigh the harm of mutilation so basically most

[24:30]scholars have said to summarize that if it ultimately leads the autopsy

[24:34]to saving a person's life it's okay if it doesn't most scholars

[24:38]have said it's not allowed some scholars have said to find the

[24:42]killer and serve this dead person justice it's also allowed even though

[24:46]we're not saving someone's life but we're serving justice to this dead

[24:53]body so at the end it's a there's this much disagreement about

[24:57]performing autopsy on a Muslim body any questions brother Ali prematurely born

[25:13]child researching that the same future means let's say it's a congenital

[25:18]heart and if the doctors have done something other treatment which kept

[25:23]up a little bit or something our babies like and knowing that

[25:28]from an autopsy maybe they could use that to say you know

[25:33]another baby with similar traits of the parents yes yes that would

[25:40]fall under the first exception that I mentioned performing an autopsy for

[25:44]research purchases educational purposes if it ultimately leads to saving other babies

[25:50]lives then yes it would become participa to all scholars so all

[25:57]of this was pertaining autopsy on a Muslim dead body what about

[26:01]if the body is non-muslim now if the body is non-muslim all

[26:05]scholars have agreed if the person is from a hell of them

[26:09]and the people of the book that live under a Muslim country

[26:11]it's not allowed because it's the same or I won't say it's

[26:16]not allowed the same laws that we mentioned about the Muslim body

[26:19]will apply to a hell of them meaning it's not allowed unless

[26:23]that would lead to saving a person's life so the eyelid limit

[26:29]will be just like when we said about a Muslim body now

[26:32]what about non ilysm non-muslims if a non-muslim a kafir is not

[26:38]from a hell of them and they are living in their own

[26:40]countries here there's a lot of disagreement between the scholars some have

[26:46]said it's not allowed since the body of a non-muslim of a

[26:52]castle if he's not ahead of them the body doesn't have sanctity

[26:55]and since the body doesn't have sanctity then you know why would

[27:02]it be how long to perform the autopsy on that dead body

[27:06]so this is what some scholars have said other scholars have said

[27:15]known Muslim non-muslim even a kafir his body has sanctity why because

[27:20]every body has been given divine sanctity by Allah Spano to Allah

[27:24]and they refer to a verse in the Quran or Allah says

[27:31]walaqad karramna bani adam' allah says i have or we have honoured

[27:34]the children of adam basically we have honored human beings so allah

[27:39]has given every human being honored dignity so even the scars are

[27:43]after he dies he's a human being Allah has given him honor

[27:49]dignity sanctity we can't just come up come and mutilate that body

[27:52]just for no apparent reason so likewise there has to be a

[27:55]compelling reason like we said it has to lead to saving someone

[28:01]else's life or else it becomes Haram but then again the scholars

[28:04]that have said it's halal they have said we don't have enough

[28:10]proof from the hadith or the verses that a castle this body

[28:14]has sanctity has dignity in honor and then they refute this verse

[28:19]they refute this argument that some scholars referred to this verse where

[28:25]Allah says Allah Karim nahban yada there they say that what this

[28:29]verse is saying that initially Allah has given honor to everybody to

[28:34]every human being as long as that person does not deprive himself

[28:41]of that honor you see it's like a criminal who is being

[28:46]in Carson incarcerated or he's being taken to the death penalty he's

[28:50]being you know he's about to get killed executed for death penalty

[28:56]it's like that person says what about Kadam nominee Adam Allah has

[28:59]given me honor even though you know Allah I've committed the crime

[29:02]Allah has given me on or you can't kill me what are

[29:06]we apply we tell them look God gave you that privilege that

[29:08]honor you deprived yourself from that honor when you committed that murder

[29:13]correct so they say this isn't a general verse for all times

[29:17]in all situations no when you're born Allah has given you that's

[29:22]in the default State Allah has given your honor and dignity unless

[29:26]you revoke that honor unless you deprive yourself of that honor so

[29:32]ask are these scholars have said when a child is born he's

[29:37]born with the fitfully v about the innate disposition the in Nate's

[29:42]inherent position of the human being and that is for him to

[29:46]believe in Allah the state of believing in God and you know

[29:52]believing in morality this is divinely placed in the human being in

[29:56]his faith Allah if he disbelieves in Allah then obviously he'll be

[30:02]deprived certain rights and privileges and we have a hadith from the

[30:05]Holy Prophet where he says Kalume allude in you lat alpha Torah

[30:10]every human being is born on the fatahna he's born with the

[30:13]right applied the correct believes in allah subhana wa ta'ala for aboah

[30:17]yahuwah Donnie Oh Eunice Arana o you imagine sana it's his parents

[30:24]meaning the upbringing the environment that alters that innate nature that makes

[30:30]him as the hadith says a Christian or a Jew or a

[30:32]a person that is a historian a Madhu's or else that that

[30:38]child is born pure with that dignity and honor here's the environment

[30:41]is the one that may deprive him of that honor by playing

[30:47]and altering with his mind so if a person this believes in

[30:50]allah spanish allah this believes in the true message that person is

[30:54]describing him himself from certain rights and privileges so these scholars have

[31:06]said that were not allowed we are allowed to perform the autopsy

[31:10]on that body because there is no dignity there is no honor

[31:16]to that body as long as he deprived himself from the initial

[31:18]and Nate honor and dignity that Allah has given him by being

[31:22]a kafir and there is no other hadith or verse that we

[31:28]have that proves the honor for the dead person for the dead

[31:31]body for a Muslim we have many a hadith we mention them

[31:35]but for a kafir a non-muslim we don't have enough proof one

[31:43]second mother Ali yes we'll go ahead but irani well yes I

[31:53]mean that's one possibility right another possibility is there's no hadith because

[32:04]they don't have dignity the point is if we want to prove

[32:10]that they have dignity Nicko far after they die their body can

[32:13]be touched we need proof I mean we can't just say yeah

[32:17]you can't touch the body you can't I mean why is it

[32:19]would it be Haram for me if I'm a medical examiner or

[32:24]forensic doctor for example why would it be Haram for me to

[32:28]mutilate that body since there is no hadith prohibiting now some scholars

[32:32]have said that imam ali said it is haram to do muslin

[32:37]yeah come one Muslim well I will quell bellaqua it's Haram to

[32:43]mutilate the body even if it's a dog so if it's Haram

[32:47]to mutilate the body of the dog obviously a capful is a

[32:49]human being so it will also be hot on but scholars have

[32:54]refuted this argument because they have said by mutilation in this hadith

[32:58]muslin in the Arabic language what is meant is it's it's when

[33:02]someone mutilates another body out of revenge as a crime this is

[33:07]what the Arabs would do when they would kill someone in the

[33:09]back they would mutilate the body out of vengeance out of hatred

[33:13]out of revenge so that's the misled the mutilation that the Imam

[33:16]is saying is Haram but if we do it for medical purposes

[33:20]that's not really what the Imam is speaking about so there wouldn't

[33:24]be any compelling reason we don't have any reason to say that

[33:28]it is haram took to commit the autopsy even if it's just

[33:33]for a diagnosis we want to see why the kaffir died or

[33:35]it's for research purposes but it won't lead to saving lives it

[33:41]will lead to for example enhancing the life of the human being

[33:44]only to saving the life but I will lead to enhancing the

[33:46]life of certain human beings so why would it be Haram here

[33:51]for the Muslim we have many a Hadees the sanctity of the

[33:54]Muslim is is more when he's dead than when he is alive

[33:57]but when the person is dead there isn't enough proof now this

[34:03]is obviously this these group of ulema there are some our ulema

[34:07]that say no look at Karim na Bani Adam proves the dignity

[34:09]all human beings even if they're covered so there is disagreements on

[34:13]this issue now some scholars have also said that if we say

[34:21]it is haram to commit to perform autopsy on decaf just like

[34:26]the muslim however if the kafir himself before he died he gave

[34:30]permission then it becomes halal or if it is acceptable in his

[34:37]religion this is a Christian it's a Jew - whatever Zoroastrian and

[34:41]a Hindu a Buddhist if it is acceptable in his religion then

[34:48]fine it's allowed for us - for a Muslim to do that

[34:50]autopsy on his body even if we said it's Haram just like

[34:54]a Muslim but since his religion permits it then it becomes hello

[34:58]so now that we understand the accom the laws of autopsy on

[35:05]the Muslim and the non-muslim body there is just one final discussion

[35:10]that that has to do with with autopsy that I have to

[35:17]mention shall I will end after that and that is the diya

[35:20]if someone if a forensic scientists forensic doctor if a medical examiner

[35:26]performs the autopsy on the deceased person for educational purposes to save

[35:34]human beings lives or to save the life of the innocent person

[35:39]that has been accused so in those instances where we said it

[35:42]is halal it is acceptable to perform an autopsy if a Muslim

[35:48]doctor performed the autopsy would he have to pay the DA the

[35:51]blood money or not here there is a disagreement between the scholars

[35:56]some scholars have said no he does not have to pay the

[36:02]deer others have said yes so I'll begin with the first view

[36:04]those scholars that have said no he does not have to pay

[36:08]the deer they have given a few arguments I'll mention two argument

[36:11]number one they said those instances where it's permissible this doctor what

[36:19]he's actually doing essentially doing is he is assisting in saving other

[36:24]people's lives because of the research that he's doing and since Allah

[36:30]has permitted this mutilation because it's leading to other people's lives being

[36:35]saved then there should be no diya because God has allowed him

[36:40]to do it it doesn't make sense they said for a lot

[36:41]to say yeah go ahead do it save other people's lives but

[36:45]then all you have to pay all this money as a deer

[36:46]because they say diya is a fine it's a penalty for you

[36:52]know damaging the body and it should not apply to someone that

[36:56]does it out of goodwill for a good purpose to save other

[37:01]people's life why am I being penalized for it why do I

[37:03]have to pay a fine when I'm doing it for a good

[37:06]purpose so they say for this reason there should be no to

[37:11]you that's the first argument the second argument that they raised is

[37:15]they referred us to many a hadith if we go to the

[37:22]book of Moosa Elisha which is a one of the books compiled

[37:25]by a homily he mentions all the hadith about fahadh jurisprudence there

[37:31]are eight hadith they say eight a hadith in one chapter of

[37:38]iwasa all about this situation if a pregnant woman dies and there

[37:41]is a child living child in her stomach and all of these

[37:47]eight hadith the Imam say cut the stomach and take the child

[37:50]out but not in one hadith not in one hadith of these

[37:57]eight did the Imam say that look you have to pay the

[37:58]deer after you do that because you're cutting your deer you're causing

[38:04]you're creating this incision and you know in the stomach you're cutting

[38:08]the stomach then you have to pay the deer in fact in

[38:09]some of these a hadith the Imam says make sure that you

[38:15]stitch the stomach after you cut it so the Imam isn't disregarding

[38:19]you know the sanctity of this woman of this pregnant woman cut

[38:22]the cut the stomach open take out the bots the child and

[38:28]then stitch it but nowhere does the Imam say bad idea so

[38:31]since the Imam does not say pay the deer this shows us

[38:36]that if we were to cut these the body of dissect the

[38:42]body of a dead person for a greater purpose for saving lives

[38:45]then there is no deer so that situation and these are hadith

[38:49]is just like our situation the the the womb the the stomach

[38:54]of the mother is being cut to save the child's life may

[38:56]mom didn't say pay idea in our situation were performing autopsy to

[39:02]save lives thus there should not be an idea so this is

[39:05]the second argument for not paying a diya as we mentioned the

[39:11]second argument is that since and these are hadith the Imams never

[39:15]address the deer then in our in our situation there's no deer

[39:21]as well because it's the same thing so this is the first

[39:23]view the first view that says there is no deer the second

[39:28]view says no there is a deer and they refer to a

[39:35]hadith these scholars by Abdullah Muskaan Abdullah the Muskaan and ABI Abdullah

[39:42]he narrates a hadith from the 6th Imam fear rajulun la seule

[39:45]may yet but i like sell me it as the sixth Imam

[39:51]Abdullah Optimus Abney Muskaan who was one of the close trustworthy reliable

[39:55]companions of the 60-mile he says if someone cut beheads a dead

[39:59]body that person cuts the head so what's the what's the law

[40:09]pertaining to that the Imam says I'll a Hadiya he has to

[40:11]pay the dear Leeanne Nehru Metta who may attend karate hua hua

[40:17]he says because the sanctity of this dead body is like the

[40:20]sanctity when he's alive if you would have cut the head when

[40:24]he was alive if you would have beheaded that body there would

[40:27]be a deer of course for killing that person now there is

[40:30]Adi as well that's why there are lamar give a fatwa they

[40:33]say anytime there's other a hadith as well any type of dismemberment

[40:37]of the body any type of mutilation there will be a dia

[40:43]because their moms tell us that there is sanctity when the person

[40:45]is dead as well so if I injure the dead body I

[40:50]break a bone I you know I cut the body I dismember

[40:54]the body there will be idea so in the same way that

[40:59]when he was alive there was a deer there is a dia

[41:00]that will apply now so what the scholars say is when a

[41:06]doctor performs an autopsy this will involve many bones being broken many

[41:13]incisions dissections mutilation of the body and all of that will involve

[41:18]the deer just as the Imam answered Abdullah bin Muscat and then

[41:22]they come to the second point they may say they say this

[41:27]that just because God permitted it this is what one of the

[41:30]arguments of the of the first site of the first group that

[41:34]said there is no deer they said God has permitted it doesn't

[41:36]make sense God says it's okay to do it and then he

[41:40]says pray idea they reply back these scholars of the second opinion

[41:42]that say you have to pay deer they say just because God

[41:48]permitted it and the medical examiner is doing it out of goodwill

[41:51]this doesn't mean that there is no da yes it does mean

[41:57]that there is no sin God has permitted it I don't get

[41:58]out of goodwill so it's not Haram and you could receive agile

[42:03]for it because you're doing it out of goodwill but it does

[42:06]not mean that there is no deal why because remember is the

[42:11]first group said dia is a fine it's a penalty why penalize

[42:14]someone that's doing something out of goodwill correct they say no who

[42:18]said that dia is a penalty dia is not a penalty dia

[42:23]is compensation for the damage that has been caused on the dead

[42:26]body thus they say even if you injure someone someone that's alive

[42:33]if I injured that person accidentally right I enjoy break a bone

[42:38]I you know injured the body bruised the body I for example

[42:41]do something where a body part is cut severely cut or amputated

[42:47]now in this situation though I have to pay dear of course

[42:50]consensus between all or lemma if you accidentally harm someone then you

[42:56]have to pay deal why why am I being penalized for doing

[43:03]something accidentally the reply will be is that's not a penalty it's

[43:06]not you're not being fined you know you're not being punished you

[43:09]caused damage to this person's body you have to compensate the body

[43:14]even if you did it accidentally it's just like if I break

[43:17]someone's property accidentally I will have to compensate that person the the

[43:22]human body is the same thing if I brakes if I if

[43:27]I you know cause damage to property there is compensation if I

[43:30]cause damage to a body there is cap compensation so this hadith

[43:33]from Abdullah Billa Muskaan of the sixth imam it's saying just like

[43:40]when the human being is alive there has to be compensation for

[43:44]the damage likewise there has to be compensation for the damage when

[43:48]he's dead because the hell deny the sanctity of a dead person

[43:53]is like the sanctity of a person when he is alive so

[43:55]this is since this is a form of compensation the medical examiner

[44:01]even though he's doing it out of goodwill to save other people's

[44:05]lives he's performing the autopsy but what's in it for the sport

[44:08]deceased guy you've completely damaged his body I mean you've broken so

[44:13]many bones all these insane all this mutilation yes I we know

[44:19]you're doing it for a greater cause to save other people's life

[44:21]but what's in it for this poor guy his body is completely

[44:24]damaged now compensate him for it it's like for example scholars have

[44:30]said if you you know you're running away for your life and

[44:33]you have to intrude someone's trying to kill you you're running away

[44:36]for it you're running for your life you have to intrude in

[44:38]someone's property and break some of his belongings you can break those

[44:42]belongings that property because you want to save your life but you

[44:47]have to compensate that person after that don't you or another example

[44:51]they gave if there is mass starvation I'm starving I'm gonna die

[44:55]and then I see food from another person that person hasn't given

[44:58]me permission to eat is food can I eat it yes I

[45:01]can eat it to save my life but then I have to

[45:05]compensate that person if I could if I had money so just

[45:10]because God giving permission to do something doesn't mean there is no

[45:14]you know financial compensation that that or you know we'll have to

[45:18]I'll have to bear after that so the doctor could do his

[45:20]job but there will be idea however some scholars have said there

[45:27]is a diya but the medical examiner shouldn't do it shouldn't pay

[45:31]it even though he's the one that broke the bones and caused

[45:34]all that damage he shouldn't be the be the one that's paying

[45:38]the deer because he's not doing it for his personal interest he's

[45:42]doing it for the better interest of the public of the general

[45:45]public and thus the Muslim Treasury or the manager for example of

[45:49]the time because this is a matter that serves the interest of

[45:55]the Muslims in general or the people in general either the Muslim

[45:58]Treasury if there is a Muslim country or the manager should have

[46:01]to pay that diya but others know they have said it's the

[46:04]doctor because he's the one that is you know directly causing all

[46:11]this damage he has to be the one that compensates for this

[46:14]damage yes whether I'll you go ahead and forgives the story of

[46:25]The Mikado and then you study don't think that a person back

[46:29]to life and it's it's very very linked to other places about

[46:34]where it says well you know if an associate had so couldn't

[46:37]be argued that because this boss gives life I mean obviously not

[46:43]always in that type with how many Israel experienced it but at

[46:48]least I mean but he was about to go to a civil

[46:53]war and this same time because now one side has been pacified

[46:55]by getting the money or what done in order to save lives

[47:00]wouldn't it be more recommended at least to give the blood money

[47:11]so basically what you're saying is performed the autopsy save lives but

[47:17]then give the DIA well we can't really I mean just can't

[47:30]really be used as an argument to prove that this you know

[47:36]the DA will apply because this is too general this verse welcome

[47:39]Phil Kasasa Hayat what this verse is meaning what this what this

[47:43]verse is trying to say according to Malthus serene is by performing

[47:48]the sahs the death penalty or you know an eye for an

[47:51]eye tooth for tooth is this will be a deterrent from further

[47:55]crimes so if a person knows that if I killed another person

[48:00]there's gonna be you know the death penalty then obviously that will

[48:04]be a deterrent so he won't commit the crime so other lives

[48:09]will be saved so this is what the verse is trying to

[48:14]say I mean trying to relate it to our topic the DIA

[48:16]it's it's not too clear where you can't really use it as

[48:21]a very clear argument where you say pay the DIA mm not

[48:24]really because remember of cos øz is the death penalty or it's

[48:31]basically whatever has been done to the a price you do it

[48:35]to the oppressor so if you cut the hands you cut their

[48:39]hands this is what's meant by claw sauce so it's not really

[48:41]speaking about dia you can you can I mean refer to one

[48:45]of the you can rely on one of the two arguments that

[48:47]the first group mentioned and that is where if God you know

[48:52]gave permission and there should be no dia even though the second

[48:54]group refuted that now whether we accept that that's completely depending dependent

[48:59]on the she jihad or the second group of the second argument

[49:04]were those eight hadiths none of them mentioned dia that means there's

[49:09]no D or else they mom would have mentioned and then paid

[49:12]the deal even though the Imam he was aware of this you

[49:14]know he was even you know this you know basically mindful of

[49:21]that that person by saying make sure you stitch up the stomach

[49:25]but why wasn't he mindful of the deer because remember the deal

[49:30]will be spent on good causes for that dead person you know

[49:33]we can give it as a side that on that dead person

[49:37]so that dead person will benefit from that deal so why didn't

[49:39]their mom mention the deer that means there was no deer because

[49:43]it involves saving another person's life you can rely on this but

[49:47]however the second group of her lemma I have seen a refutation

[49:49]of that second argument too and basically what they have said the

[49:53]reason why the Imam maybe the reason why the Imam didn't mention

[49:58]the deer and those eight hadith is because saving the life of

[50:02]the child serves the interest of the mother and that's why they

[50:07]say even if she was alive and you know the child maybe

[50:09]was having complications wouldn't she voluntarily accept to perform c-section she'll tell

[50:15]them yes please open my stomach take him out I wanted to

[50:17]die so even if she was alive she would have said cut

[50:21]my stomach so obviously when she's dead we're gonna do the same

[50:23]thing because it's her child obviously if we were if he was

[50:27]alive were to ask her should we call your stomach and save

[50:29]the child or should we just bury him with you and let

[50:33]him die she would say you know of course I want you

[50:36]to save it so since it is serving her personal interest she

[50:38]will get no diya but in our situation this poor guy who

[50:43]were doing the autopsy on so that in the future people will

[50:46]be saved isn't really benefiting directly so we have to give him

[50:51]the deer for the damages that were causing to his body so

[50:52]that's also a refutation that some of them I have mentioned to

[50:58]this to the second argument but at the end like we mentioned

[51:01]we don't want to choose any sides because that we leave this

[51:05]up to the emotion ahead into the melodia each manager based on

[51:09]his understanding and his jihad will choose the view that he will

[51:13]see most appropriate when this I end my discussion about autopsy and

[51:18]shala next session we will move on to a new masala a

[51:24]new discussion after Odawara al hamdu lillahi rabbil alameen wa sallahu Allah

[51:30]Muhammad Ali help our hearing

0 تعليقات

التالي

5- Contemporary Fiqh - Organ Donation, Autopsy - Sayed Ahmed Qazwini

Transcript

التالي

استكشاف المزيد

يرجى ملاحظة أنه إذا كان عمرك أقل من 18 عامًا ، فلن تتمكن من الوصول إلى هذا الموقع.

التالي

5- Contemporary Fiqh - Organ Donation, Autopsy - Sayed Ahmed Qazwini

Transcript

التالي

استكشاف المزيد

اختيار طريقة الدفع

لغة