What is the ruling on transplanting or benefiting from an organ extracted from a person upon whom a Hadd punishment or Qisas has been carried out, and does the impurity of the crime or the major sin committed by its perpetrator cease to apply to it?
The resolution of the Islamic Fiqh Academy regarding the transplantation of an amputated limb in cases of hadd (prescribed punishment) or qisas (retaliation) concluded the following:
1. It is not permissible, according to Islamic law, to reattach a limb amputated as a hadd punishment. This is to ensure the enforcement of the penalty and prevent leniency. 2. It is not permissible to reattach a limb amputated as qisas, unless the victim (or their guardian) grants permission after the execution of the punishment, or if the victim is able to reattach their own severed limb. 3. It is permissible to reattach a limb amputated as hadd or qisas if there was an error in the judgment or its execution.
As for the utilization of this limb for someone other than its owner: - A limb amputated as hadd: It is permissible to transplant it to a person in need after obtaining permission from the Muslim ruler (Sultan). - A limb amputated as qisas: The right to permit its transplantation belongs to both the ruler (Sultan) and the victim (or their guardian).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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