HUKUM MENDONORKAN DAN MENTRANSPLANTASI ANGGOTA TUBUH DALAM ISLAM

Abstract

Issue about human organ donation and transplantation cause problems, as can be seen from various aspects, i.e. aspects of worship, muamalah and jinayah. Many questions surrounding this issue are waiting for answers from the view of Islamic law.  It is obviously known that the transplantation of human organs and tissue is a useful medical treatment for patients with impaired organ function. This way is the best alternative therapies to help patients with organ failure or dysfunction, because the results are more satisfactory. In general, legitimacy of transplants and organ donation refers to the goals of human creation, namely to be caliph in the world (khalifah fi al-ardh). It is technically analyzed with ta’lili and istishlahi reasoning. In ta’liliyah, permissibility of human organ transplantation and donation has been analogous to the possibility to give forgiveness and take diyat in qisas cases. In istishlahiyah, it is assessed based on the concept of mashlahah, namely something returned to the upholding of human life in absolute. The human need against transplantation seems irresistible. Therefore, which opinion that would be used is up to the human needs with the consideration of mashlahah