Session 50 The Dignity of the Body

handily labor Ballymena Salatu was Salam ala MBA with more studying early he was suddenly he as you might even my bad

you are liquid. A salaam aleikum wa rahmatullah

wa salam ala. And yet acaba Mina, we are filling in as lubaina we could fit and say this Ella who the ailment mafia, what is converse, or Alia local, illegal machine while I hold our quota 11 Leilani long been praised because Allah Lord of the world's peace and blessings on his prophet muhammad sallallahu alayhi wa sallam

after saying slansky You and the mercy of Allah be with you all. We ask Allah to accept from us our efforts to forgive us to shower His mercy upon us, keep us guiding All right, we ask and make dua to Allah to give us useful beneficial understanding and knowledge and wide sustenance on him Do we utterly depend to him is our goal and return them there is no power Mike except that of Allah. Glory be to Him. And He has no partners. Back to our Hadith Hadith as Hadith which is in Bukhari Muslim mentioned by another way in these Arbaeen, which we're doing the shadow of and, and

how these are Robbie Asha, and in the Mossad Radi Allahu Anhu call upon our little way. Salallahu Alaihe Salam la Yehuda mungry a Muslim in in La Banda solace and say he was Ernie when neffs will be Ness with articulating he'll more foggy Paul is

the Abdullah my su said the message of Allah Azza wa sallam said it is not allowed to spill the blood of any person any Muslim

except in three situations.

married person committing adultery or life for a life and the one who leaves the deen separating from the GEMA.

So we're looking at the dignity. Last time we spent a whole session on looking at the dignity of

of people have human beings are bunny Adam. And to remind you to evidences we mentioned one in the Quran, Allah Swan says well 100 Kelvin, then he turn our handle now whom we'll handle now whom Phil but we will back the waters off now whom may not buy a bag for bail now. Well, for whom Allah Kesey

man the follow up on that as the

indeed we honored the Children of Adam, meaning all human beings, and we carry them on the land and the sea and we provide it for them sustenance, wholesome good sustenance.

And we honored them above most of what we had created, and really distinguish them. And if you remember Hadith, the Prophet saw some standing up when the janazah went by, and they said Yara Sol Allah be standing over to respect the said in now Yahudi it is a Jew.

And the previous article responded, at least at nevsun. Is it not a soul? Is it not a person? So that was a brief reminders. Now, I said that I'm going to link this with the whole issue of organ donation and blood donation.

This issue

why because many people link up with human dignity.

Yeah, many people link in with human dignity to say it is not allowed. That's where they came from with it. This is a very important issue. A very real issue, very relevant issue and a very new issue because transplants really only started in the 50s 1950s with corneal transplants etc. Moving on to kidney transplants, etc.

From the 60s and 70s onwards ran, so it was a new issue faced by the Muslim ummah.

And it responded in

as always, with something new, often the approach was negative. But I think that negative ism has continued to some extent, even to this day and pervades our our culture and society and many Muslim blade people who still have this view.

Certainly one of the

first people to speak positively about and perhaps because they experienced it was Egyptian movies, etc. from Amazon,

with its permissibility, etc. Around the same time, however,

was a famous 50s 60s was a famous professor and preacher, a great chef.

Muhammad moto will lay

a shot while we

very famous in Egypt, some of you may have heard of him. He's the first scene in a book form and also recorded very relevant to his time, very pertinent, very deep and spiritual at the same time as well.

So his opinion at the time, and this is probably the 60s

in Egypt,

against the opinion of the Azeri Grand Mufti was that it is not allowed organ transplantation. He said it was haram. And he said, The human body is

dignified, has been honored. And it's been lent by Allah, nobody has a right to

therefore

donate organs. And on the other side, of course, then it makes organ acceptance around in a similar way, as well. And he made it a very simple issue that if we fall ill and have several patients that were meant to die, die, etc. And being it was very popular amongst the masses, especially when those are very negative attitudes towards British colonialism and West and most of this medicine and new technology of transplanted was coming from the west. So he mixed it up with that, that we don't want that. Yeah, we want to keep our values and cultures of Islam we don't want the DIS westernization. So I mixed it all mixed all the issues of but primarily focused on this digney dignities side issues

what didn't help, of course and making it permissible, although in the end, the idea did

come was stuff going on a time it's mentioned historically, but British context was was very relevant also in Pakistan or India, before that and Pakistan later probably around a similar time when it was Pakistan, then the father of both Peter Osmani.

Mohammed Shafia

Yeah, of Manu, Deobandi

big mostly India and Pakistan. He also made it very clear that his opinion was that this was haram. A similar arguments to shake

a sharp rally about dignity, but also

the idea Shara we also used and also

Muhammad Shafi Mufti Muhammad Shafi

Raheem Muhammad Allah, may Allah have mercy on them, that there will be this organ selling, there'll be illegal trade, children will get kidnapped, to have their organs sold and poor people will suffer because there'll be abused and used by the rich to buy organs, etc. Okay, so that's one of the arguments they also use. And you can see where they were coming from in that regard.

But

later on in that around mid 80s, the Islamic fake fake Academy, international Khan

Academy, based in gender I think they had a meeting for over a week and one of the deliberations was this idea of organ donation and they made it permissible with conditions etc. So that was a fan

was international body that around mid 80s came up with that in the UK also in the

late 90s

There was

hope pay per done and Muslim law Sharia Council which was

set up really by Sheikh Zeki budgie may Allah have mercy on him

and got some other scholars together and not very representative of the

Muslim community here which is mostly Pakistani community. They open the and Braille we saw that they had no ability representation. And I think one Braille we Imam was there. So of course,

that was a fatwa given by Sheikh Zaki by the way and other scholars with him, although it was a small group, but it didn't go down and didn't really penetrate the community. And exactly buggery by then didn't have a very good standing within the community was seen as very liberal sellout kind of scholar, I don't

agree with it, especially when the root of the issue came for those who are old enough to remember what he said in that regard.

In in saying that,

there was no death penalty, etc. It's not right, on on risky, so that of course with the masses, and a few other things he had given his legal opinions on the just didn't accept anything yet to say so you can imagine that didn't really have any,

any considerable effect in regards to the Muslim population organ donation, it stayed, stayed as it was carried on in that vein,

even though there was the international fatwa already, but perhaps people were not aware of it and lucky, but we certainly didn't mention it in the paper.

Then European fatwa Council

represented

with 35, plus scholars

from various backgrounds, not lots of people from the railway and Deobandi background, but some, some from do. But anyway, I don't think there was anybody there from the railway background, but why representation of Moldova who was on the European football Council, including my teacher was part of it then and he was a secretary at that time. In the year 2000. They gave a detailed fatwa on the permissibility of organ donation, etc.

With the conditions on a book with it.

I don't think that's it, while it had some effect in some areas that is still, and I don't think this idea is still off permissibility organ, the knees are still filtered through to the vast majority of the Muslim population. Because of the ideas, they still have moved to Zubair. And I refer to his paper, he's done it in 2019. Very good. And he's from the Durban background.

Mostly himself,

and he's done a very good paper actually.

Some summarizing me and things are going into detail so I've

looked heavily at that some of my own stuff, etc. To look at this whole issue is important because as I said at the beginning, that I think the figures are maybe 6000 people at any time are on the transplant register, waiting for a transplant life saving because they're chronically ill and they're going to die if they don't get a transplant 1000 on some figures or 1000 of those are from the south India Pakistan we're mostly Pakistan background are also on that waiting register as well. But the proportion of the majority of course, those are Muslims, but the proportion who are actually

have volunteered themselves for organ donation is miniscule, miniscule. Yeah, so we seem to be a community who are okay with accepting the organ donation. And we and even when moved is aware writes about organ acceptance. There's don't seem to be a big debate on it because they take it from the angle of even if it's haram verdura which is to save life allows you to do it. Well. That's all right, but

It allows you to do it because the for it to be to happen, there has to be organs available. If you're on the other side of the coin, you're not going to make any organs available. How can you justify half a circle? If you follow her? I mean, yeah, it must follow that if you're saying that to save life. Yeah, it's,

you would say medicinal wise, actually, it's most 100, very highly recommended, you know, somebody will have been offered an auger to save the life, and they refuse it. Until people in the crisis, people can theoretically say also. So anyway, the point here is that there's no big debate on that side, that debate is on the side of giving. So we come across as a community that's willing to take other people's donations, but we're not willing to give anybody

secondary. What many people don't understand is that actually, the best organs for donation that are least likely to be rejected, most likely to be accepted by the body are those from family from same racial background, they're more likely to be accepted. So the ones from India or Pakistan, more likely to be accepted from the body will more likely to accept the organs from those who are from the same racial background, etc. Yeah, and that's an important thing to bear in mind. Not that the organ donation is given with a with a proviso that this must go only to Pakistani or, or Muslim that will just nonsensical.

Anyhow,

that's a little bit of the background as to why this issue is so important.

And

I mentioned chef, Mohammed Shafia, who was the founder of Turkey Osmani

Mufti Taqi Usmani

who's a big scholar of Pakistan, of course.

What it said is he's

refused to give

a fatwa on it because

well, he stayed silent on it. Why? Because his father, of course, he has great respect, who was Mufti Great Mufti before him, has given the fatwa of it being haram already. So he's staying silenced. And that's fair enough. I think he's doing our due respect for his father. But it's interesting that

chef or Mufti Taqi Usmani was part of the European fatwa Council. I don't think he was part and parcel, but I'm not absolutely sure or when they discussed it in 2002, came to come with the first one that they delivered. But I'm not absolutely sure if he is a signatory on that particular meeting when they're discussed it that needs checking out. If he is, then he's part and parcel of it, especially if you didn't object in that meeting. I'm not I'm not sure about that.

Yeah. So

we're going to look at some of the things and they've been summarized very well by Chef and Mufti so bear, but

in his paper from 2019, it's nice to see a breath of fresh air from 100 fue. Deobandi scholar,

who's looking at various mega hip and not just the Hanafi effects, and not being totally just following old views to come to a conclusion but much more open minded, and looking at various

scholars opinion, and also the opinions of various of the organizations that I've already mentioned as well. So that's the breath of fresh air. I have to say

what other deobandis in the in this country, for example,

Mohammed in there, in the Adam L. cosori. Is the student of Tokyo's money and he's the Mufti in Leicester is quite famous. Deobandi again, had a fee, of course.

He has written a paper in which he mentioned both of the fatawa the one that says it is permissible, and the one that says It is haram.

Yeah, like from his teachers father on worship here. However,

he sort of sits on the fence but I don't think he sits on the fence because even though he says both opinions have great scholars and the best on Easter had, so both are fine, but it doesn't he doesn't believe it there because that's how you should believe it if he can't decide himself, which he doesn't

decide either way. But when he adds something, it's clear where his

inclination is what does he say?

He says, however, if you follow the legal opinion of organ donation blood donation

being permissible, then I suggest out of precaution you do so far and give donations Allah

Subhana Allah, what does that mean? Where does that come from? If you're sending that big scholars, and it's based on these, the heart of both opinions can be valid. If you follow either of them, then why do you make the one that's saying permissible? Tell them to go and do SFR recommend recommend them to go into so far as though they're committing a sin. So you even though you think you've sat on the fence, you've not settled and I disagree strongly with this attitude. This is not respecting the other opinion of in the field of which they had you may disagree with it's better if you said well, I follow I am more inclined to be opinion of their It's haram. Yeah. Then you don't say Well,

those are going to follow the permissible one they have to do is too far asked for forgiveness from Allah and give some sadaqa and charity

I find that nonsensical with the greatest respect to Mufti in the animal country, I disagree strongly with that.

Now,

so dignity, how does dignity coming to this whole thing? Firstly, because they say, and we said last time, dignity means protection of life of, of your wealth of your mind, of your religion of your conscience of your honor. Yeah. So all those things and the dignity

but dignity of a person or being

has come what will what parameters does it come? I mean, it sheds Zubair. But he says

that these parameters are not clearly defined by the text.

Therefore because they're not clearly defined by the text is left

he means to reach the heart and it's left to the earth and the culture of society whether something is beneficial or harmful and weighing it up must Lohan masala is talking about which is the way to look at new things. Yeah, or view things which don't have anything in the text is right. To an extent but also dignity of the person.

Yeah, how he's protected even the things I said in the jury at last time of somebody's life being protected their wealth being protected. That's not based on no tax is not based on Earth, just based on text.

based on Sharia on the Quran and Sunnah has evidences to show what the person is allowed to do with this body and what it is not allowed to do. That's what we call haram and halal don't we? So we do have parameters actually. Yeah.

So chef a shot and are we saying oh this is

emotionally saying this is our mana we've been given we have no right it is totally owned by Allah we have just been given to to borrow it to use it and then you know otherwise so therefore we cannot allow to go organ donation organ taking yourself I mean the reality is we do with the body already we do that which is halal with our body. Yeah, and allowed we eat and drink of everything Allah does provided with us we make the choice. Yeah, so I'm doing that with my body. Yeah, we cut our nails we wash our body yeah, don't keep it unclean, don't keep it filthy. We get rid of the Jassa from our body because that's what our

the text requires us to do. So we do that which is allowed and avoided which is haram and bad. We don't eat frenzied and we don't drink Hummer. Yeah, again, it's all to do with the body. Even though it's an Amana, Amana doesn't mean to say we just sit there like that and say, well, it's in our mind. I can't do anything with this body.

It's nonsensical. If you take the argument further, yeah. And clearly was just an emotional so we do do things with the body. Yeah. That treatment for the body.

A Arp.

Seeing getting the hair cut etc. Circumcision for boys, for example, or we're not allowed to go into your nano this came in the sun that is it's hard for some numbers to have to do for boys, not for girls, because it is a borrowed. I'm not saying that because it's illegal in this country. Female Genital Mutilation they call it I think it's right to call it that.

with the greatest respect to the Schaeffer ear, who says was the hub for the female Musa hub recommended for certain female circumcision? I disagree with strongly. The evidence for that is based on North antiquities, this is purely cultural and came especially from olden times, especially prevalent in the African places and, you know, so there's, there's no basis for that, if it's harmful, which has been clearly shown to be harmful, it becomes that the government has the right to outlaw it, as it has been outlawed so abhorrent. Anyway, that's a separate issue. The point is we do to our body, according to the text, that which is allowed for us that which is recommended for the

body, and that which is funds. And we stay away from that, which is haram or mcru, don't we we already do that. Now, there are things that are going to be new, and organ donation of blood donation and new. Now, we don't have any texts. So we don't just use a general thing the body's own by Allah, we can't do anything. That's nonsense. That's not That's not evidence as not an evidence. Now we go to muscular hand muscle, as is, but quite rightly said, we will, whether it's beneficial or more harm in it. Yeah, who benefits and who is harmed? Is it necessary? Yeah. Is it life saving? Is it

making somebody who's seriously ill going to make them better? So those are very important considerations? Are they not? Brothers and sisters?

So

nevertheless, it's interesting.

Movies, very maintenance, quite rightly, that even if you were to, and I think here you go with the present day issue, because because there is

no clear text about organ donation because it wasn't relevant before the 1950s anyway. Yeah.

And there's nothing you can do chaos with Ray. So now it is what is the heart of the Alama to look at the muscular hand muscle? What is beneficial and what is harmful and weigh up the pros and cons in which favorite is going to go Everything is permissible unless it has been made haram. Even from Muslim buffs to that you can't make something haram if the Mufasa or the harm are greater than the benefit from it. Then the Mufti will say, Well, I don't advise you to do it. I think it's disliked, I dislike it. As best you can say you can't say it's around. And if it's the other way, the benefit is greater. You say I will I recommend it, I think is good. So you can say Mr. Hub, or Cara, but not

clearly haram, and not make something fun on people. Yeah, that's important to remember, as a principle when you're dealing with musta had most of that. So I think that's the line to go down. But I'll make some pics because interesting, even if you go with the some of the classic

views, then quite rightly, mostly Zubair is showing that despite that respect and dignity of the body, there were circumstances in which they allowed the body to be cut open,

classical period, for example, it is well known that

if the mother dies, and the baby is alive, and the chance of the baby to survive, yeah. What are you supposed to do is supposed to cut off on the mother and take the baby out.

Yeah, to try and save the life of the older child. So there's cutting open all the body

as an excellent so this is from this is not presently This is been around for a period of time, a long time whenever possible, but it could have been done.

Not only that, a second situation is somebody who has ingested a property for example, somebody dies and they've stolen a diamond ring of somebody else, a third party and swallowed it. Right. And they die. So now you're burning them and you know that that ring is inside them. Right? Are you allowed now to open up that belly and take out the ring which belongs to this stolen property? Yes, you are. Yeah.

And there's

you know, MOBA heap had various opinions on it, not just one opinion. Yeah.

If a dead person has, again,

swallowed have taken a property and you think that cannot go off inside I mean, if it's food, obviously not going to open up and take out the banana you. So we're talking about something that's valuable, which is part of they're not third party belongings, but to them, but it's a valuable thing that they're swallowed or taken inside. Yeah. Or hidden inside somehow. Usually by swallowing in those days it would be. Yeah, it belongs to the inheritors, and it's of significant value. Yeah. Then again, they said you're allowed to open the body and take that because it's not going to benefit then the body is going to rot. Yeah.

And to remove it.

Third thing, yeah, forget just this thing. Well, a man discussed classically about

human cannibalism in the case of necessities to save lives. Yeah, well, as they call it. Anthro. Anthropology. Yeah.

That's

eating the flesh of other dead human beings. I don't know whether any of you have watched a film alive. Where about a plane crash in the Andes, which is what they some of them had to do then some of them refused to do others did it for survival. So here