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QUESTIONS AND ANSWERS

Continued from page 3

Q. I recorded the following questions and answers from Radio Channel Islam. Please comment on the correctness or otherwise on the answers:

“(1) Q. A lot of people benefit from organ transplants. Is it permissible to write in one’s will that one’s organs may be used for transplanting after one’s death?
    Answer: According to the Fiqah Academy that is based in Jeddah, they have passed the verdict that organ transplanting is permissible with certain conditions, e.g. if it is used as a last resort, for example, and there is no transaction involved of buying and selling, and it is not just for money-making; and for example another condition is that the chances of that person’s recovery and success of the operation are quite good. So when all these conditions are fulfilled then organ transplant is permissible. Hence if you write it in your will, it will be permissible.”

COMMENTS OF THE MAJLIS

The radio has not presented a stitch of Shar’i evidence for the permissibility of the haraam act of human organ transplantation. Since the man sitting behind the radio veil has no Islamic substance to present for his view, he clutched at a passing straw like a drowning man. He presents a warped and an Islamically unsubstantiated opinion of some semi-modernist academy in Jeddah. Indeed it is most surprising to say the least, that in this so-called ‘enlightened’ age of intellectual progress (or retrogress) when renunciation of the sacred and Waajib Taqleed of the Aimmah Mujtahideen has become fashionable, the radio chap expects Muslims to make Taqleed —blindly follow— some semi-modernist group of shaiks and maulanas sitting in air-conditioned offices in corrupt Jeddah -the headquarters of Anti-Taqleedi’ism. Whenever the liberal molvis who lack Shar’i dalaa-il, cannot present Shar’i evidence for their liberal views, they scurry into the camp and into taqleed of some academy of liberal molvis and shaikhs’ whose basis for verdicts is personal opinion, not the Shariah.

The opinion stated by the radio is baatil (baseles), in conflict with the Shariah and in conflict with the Fatwa of the Akaabir (Senior) Ulama. Hadhrat Mufti Muhammad Shafi (rahmatullah alayh) has written a treatise on the evil and hurmat (prohibition) of human organ transplantation. Reproduction of all the Shar’i proofs for the prohibition of human organ transplantation is beyond the scope of these pages. Insha’Allah, a booklet will have to be prepared and published on this subject so that the Shar’i evidence for the prohibition can be set out clearly and convincingly. Meanwhile the following factors will suffice in refutation of what radio channel ‘islam’ propagates:

  • The Fiqh Academy of Jeddah is not a repository of Shar’i Daleel. It cannot be cited in opposition to the Fataawa of the Akaabir Ulama who were glittering Stars of Uloom, who presented solid Shar’i arguments for their verdicts.

  • Not a single statement made in the radio’s talk on the subject represents Shar’i daleel.

  • The radio has ignored or is blissfully unaware of the Shar’i evidence underlying the prohibition of human organ transplantation.

  • It is haraam to bequeathe any organ of one’s body for any purpose whatsoever. It is haraam to include such evil bequests in one’s will.

  • The ‘verdict’ they passed in Jeddah has no Shar’i validity. No one is under any Shar’i obligation to accept the verdicts of the academy nor is it permissible to make taqleed (follow blindly) the academy of Jeddah.

  • If the liberal molvis wish people of knowledge to attach any credibility and significance to their views, they should present Shar’i arguments - solid Shar’i evidence from the Qur’aan, Sunnah and the works of the Classical Aimmah and Fuqaha, not the liberal and unsubstantiated opinions of scholars of this age. We are not the muqallideen of any present-age liberal scholars. Their arguments which are in conflict with the Inviolable Shariah are therefore rejected and dismissed as utterly baseless.

  • Human organ transplantation is HARAAM.

The second question put to radio channel islam is:

“Is it halaal to drink Coca Cola?”
  
The channel’s answer was: “To drink Coca Cola is totally permissible. However, if a person looks at it from all perspectives and we say that it is harmful towards health, and it is something that is not good for a person’s health for now and the future, that all is a different issue. From fatwa point of view that is 100% halaal. In fact yesterday I was looking at Ahsanul Fataawa and I found this fatwa there also, that someone asked Mufti Rashid Ahmed (rahimahullah) that they have alcohol in it and so forth. He gave the same answer we gave many times that this alcohol is a miniscule percentage and whatever, and when the coke is sort of formulated and everything, so then that is not alcohol that the Qur’aan has made haraam or the Hadith or the Sunnah. Therefore the Ulama of India and Pakistan, the Arab World - all of them consider it to be halaal.”

(We have reproduced the question and answer verbatim with all its linguastic and grammatical atrocties as presented to us by the questioner.—The Majlis)

THE MAJLIS COMMENTS:

Firstly, the molvi sahib concedes that this drink is injurious for the health and body. He accepts that it is harmful. The factor of ‘harm’ is termed dharar in the terminology of the Fuqaha. Dharar is also a factor of prohibition. Eating a pure substance like sand is not permissible on account of the factor of dharar. Poison, inspite of being taahir (pure) is haraam on account of dharar.

Secondly, the molvi sahib appears to be unaware of the meaning of ‘alcohol’. He perhaps is not aware that every alcohol is an intoxicant, and Rasulullah (sallalahu alayhi wasallam) said that every ‘muskir’ (intoxicant) is haraam. Regardless of the classification of the alcohol, the common factor of ‘sukr’ (the intoxicating agent) is common to all forms of alcohol. While the legal and Shar’i consequences of different types of alcohol vary, it does not follow that alcohol is halaal for consumption.

Thirdly, the argument of the quantity being ‘miniscule’ is baseless. It is in conflict with the Hadith of Rasulullah (sallallahu alayhi wasallam) who said: “Whatever in big quantity intoxicates, its little quantity too is forbidden.” Thus, the ‘miniscule’ argument is stupid and untenable.

Fourthly, what is stated in Ahsanul Fataawa is not binding on us or on any one. Ahsanul Fataawa is not in the category of the works of the Fuqaha of former times. Each fatwa of Ahsanul Fataawa is subject to examination, criticism and verification. The particular fatwa on Coke, is the opinion of the venerable Mufti Sahib (rahmatullah alayh). His degree of investigation is inadequate and inconclusive for presenting a final word on the Coke issue.

Fifthly, the views of the contemporary Arab Ulama and even of contemporary liberal Pakistani Ulama are all suspect and products of liberalism. We cannot attach much significance and respect to the ‘fataawa’ of men who appear on television, run corrupt radio stations, violate laws of Hijaab, are lax on pictures, project the voices of females, attach little importance to the dress-styles of Rasulullah (sallallahu alayhi wasallam) and incline to the liberal ways of the western kuffaar in general. The words and views of such Ulama are of little significance. And, when unbacked by Shar’i daleel, are to be rejected and dismissed as products of their whims and fancies. Their great weakness which exposes the shallowness of their learning and understanding is that whenever they are bereft of Shar’i arguments and whenever they are unable to rationally and academically neutralise the arguments of their adversaries, then they run to the taqleed of liberal molvis and shaikhs operating under the facades of academies of modernism such as the Jeddah academy. They seek to awe and impress others with the names of ‘prominent’ personalities.But men of Ilm are not awed by names, especially if such names represent liberals of this age - liberal scholars who are weak in the presentation of Shar’i dalaa-il. They present generalities as their basis in the same way as ignorant modernists subject Qur’aanic aayaat and Ahadith to their personal interpretation based on whim and fancy. Also, the relationship which the liberal scholars have with government establishments is a curse. Such relationships exercise their baneful effects and influences on the ‘fataawa’ of the ‘academy’ scholars.

Sixthly, if the alcohol in Coke is not of the haraam category, then by the same token the alcohol in whisky, vodka, ship-sherry, gin and beer is also not haraam. The alcohol used in soft drinks is ethanol which is the very same alcohol used in the varieties of liquor which at least to this day the liberal molvis and shaikhs still say is haraam. But, they are opening the avenue for proclaiming liquor to be halaal. Tomorrow that day MUST come when the liberal scholars will proclaim liquor halaal. They will simply give it another name and fabricate some fanciful and devious ‘academic’ and technical arguments to bamboozle the masses and to satisfy the establishment (i.e. fussaaq governments and the wealthy).

If a ‘miniscule’ (one or two drops) of whisky is added to a cup of tea or to a glass of water, do these liberals say that it will remain halaal? If ethanol-containing whisky or vodka in miniscule quantity is haraam, then why should ethanol-containing soft drink not be haraam despite the miniscule amount? If Laager and Barbican Beer which contain ethanol have to be haraam, why not soft drinks which also contain ethanol, albeit in ‘miniscule’ quantity or in a quantity lesser than the quantity in whisky and vodka?

Seventhly, the radio mufti sought to awe people by citing the majority. But ‘majority’ is not a Shar’i daleel. The majority of modernist and liberal scholars of this age carries no Shar’i weight. People of intelligence are not awed by such arguments intended to impress the masses. What is needed, is Shar’i evidence, not the names of the muftis of this age.

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