Answered by Shaykh Muhammad ibn Adam al-Kawthari
In the name of Allah, Most Compassionate, Most Merciful,
It is a well known principle of Shariah that all the organs and parts of
a human body whether one is a Muslim or a non-Muslim are sacred and must not
be tampered with. To take benefit from any part of a human without a need is
unlawful (haram). This also includes blood, for it is an integral part of a
human. There are two reasons for the impermissibility of taking benefit from
another person’s blood. Firstly, it is sacred like all other parts of a human.
Allah Most High says:
“And verily we have honoured the children of Adam” (Surah al-Isra, V.70).
Secondly, blood (when taken out) is impure and to derive benefit from something
that is impure is unlawful.
Allah Most High says:
“Say: “I find not in the message received by me by inspiration any (meat) forbidden
to be eaten by one who wishes to eat it, unless it be dead meat, or blood poured
forth, or the flesh of swine, for it is impure” (Surah al-An’am, 145).
Sayyiduna Imam Shafi’i (Allah have mercy on him) states:
“If one infused blood under the skin and skin grew on it, it will become obligatory
to extract that blood and repeat all the prayers that were performed after infusion”.
(al-Umm, 1/54).
Due to the above two reasons, under normal circumstances it will be impermissible
to transfuse the blood of one person in to the body of another. Sanctity of
human parts demands this, as well as the impure element in blood.
The Exception, However
However, Islam is a religion of mercy and caters for all the problems faced
by humanity. It acknowledges the needs of people, thus gives concessions and
dispensations wherever needed.
Allah Most High says:
“On no soul does Allah place a burden greater than it can bear”. (al-Baqarah,
286).
The famous principle of Fiqh states:
“Necessity makes prohibition lawful” (See: Ibn Nujaym, al-Ashbah wa al-Naza’ir,
P. 85 ).
Due to this, classical scholars gave a dispensation in that the milk of a female
may be used for the purpose of medication. It is stated in the famous Hanafi
Fiqh reference, al-Fatawa al-Hindiyya:
“There is no harm in injecting a woman’s milk in a man or to drink it for medical
purposes”. (al-Fatawa al-Hindiyya, 5/355). [f: This is conditioned by what is
mentioned below in the same text]
It is also stated in the same book:
“It is permissible for a (severely) sick person to drink blood and urine, or
consume the meat of a dead animal for the purpose of medication if an experienced
Muslim medical expert stipulates that this is the only cure, and that one does
not find an alternative. If the medical expert states that by using unlawful
substances you will be cured earlier, then there are two opinions of the scholars”.
(al-Fatwa al-Hindiyya, 5/355).
Imam al-Haskafi (Allah have Mercy on him) says:
“The Scholars differed regarding the usage of haram medication. The apparent
opinion in the (Hanafi) school is that it is haram. However it is said that
it will be permissible when the medicine is known to be effective and there
is no other alternative, just as there is a dispensation in drinking alcohol
for a person dying of thirst, and the fatwa is given on this opinion.” (Radd
al-Muhtar ala al-Durr al-Mukhtar, 1/210).
The Messenger of Allah (Allah bless him & give him peace) advised the people
of Urayna to consume the urine and milk of camels due to them being affected
by the climate of Madina. (See: Sahih al-Bukhari, no. 231).
Moreover, two reasons were mentioned for the impermissibility of using human
blood, one the aspect of sanctity and the other, its impurity.
As far as the first reason is concerned, it must be remarked that although blood
is a component part of a human body yet the manner of its transfusion does not
require any surgical procedures in the body, rather it is drawn and transfused
by means of injection, thus it is akin to human milk that is extracted without
any surgical procedures.
In appreciation of a child’s need, Islam regarded this milk a means of nourishment
for it, and the mother is obliged to feed the baby this very milk. Even for
adults, women’s milk has been made lawful for medical purposes, as stated in
the text of al-Fatawa al-Hindiyya quoted earlier.
The Ruling
Hence, it can be said that blood transfusion is lawful as a necessity just as
Islamic law has permitted women’s milk for infants out of necessity, despite
it being part of a human body.
The second reason was the impurity of blood. This has been discussed earlier
in that impure and unlawful things become permissible in cases of need and necessity.
In light of the foregoing, it would be permitted to donate and transfuse blood
under the following conditions:
a) The donor is mature and sane,
b) The donor willingly donates his blood. If he is compelled to do so, it will
not be permissible,
c) There is no apparent risk to the life or health of the donor
d) There is absolute necessity in donating blood in that there is a definite
risk to the life of a patient, and in the opinion of the medical expert, there
is no other way in saving his/her life,
e) There is a need for it, that is, there is no risk to the life, but in the
opinion of the experts, restoration of health may not be possible without it,
f) There is no reasonable alternative
g) It is not for the sake of beatification or any other additional benefit,
h) Transfusion of blood must not be carried out by way of buying and selling,
for trading in human parts is never permissible. However, if one is in need
of blood desperately and the only means to obtain the blood is to purchase it,
then only will it be permissible to pay for the blood. This is discussed further
in the following section
Buying and selling blood
As mentioned in the last part of the conditions, that it is unlawful to buy
and sell blood for the purpose of transfusion. Classical Hanafi Jurists (fuqaha)
have explicitly stipulated that to trade in any part of a human is unlawful,
and especially blood for the impure element found therein.
Imam al-Kasani (Allah have mercy on him) states:
“The sale of a woman’s milk put in a bowl is invalid for two reasons:
Firstly, milk is not considered wealth, thus it is impermissible to sell it.
Secondly, it is part of a human body and all parts of a human are sacred, thus
it is contrary to its honour and respect to disgrace it by trading in it”. (al-Kasani,
Bada’i al-Sana’i, 5/145).
Some classical scholars (from the Shafi’i, Maliki & Hanbali schools) consider
purity a pre-requisite for a valid sale (See: Nawawi, Radhat al-Talibin, 3/
348, Ahmad Darder, Sharh al-Sagir, 3/22 & al-Bahuti, Sharh Muntaha al-Iradat,
2/143). Blood is considered impure with the consensus of all the scholars, thus
preventing it from being an article of trade.
However, in case of necessity, if one is unable to obtain blood except by purchasing
it, then it will be permissible to purchase it, but the provider will still
be sinful. (Durr al-Mukhtar, 4/113).
This ruling also serves as prevention to the evil of trading in blood found
in many places, where for the sake of a small amount of money; poor and desperate
people sell their blood. Some go the extent where they put themselves in danger,
and as mentioned earlier, it will only be permissible to donate or give blood
if the donor’s life or health is not affected.
Transfusion of a non-Muslim’s blood into a Muslim’s body
In principle, there is no difference between the transfusion of Muslim’s and
a non-Muslim’s blood, thus both are permissible.
However, scholars recommend that one should abstain from the blood of unbelievers,
transgressors and sinners, when reasonably possible, for there is a risk that
the evil effects found in such people may affect the one in whom the blood is
transfused.
Classical scholars also disliked the breastfeeding of a child by a sinning and
transgressing woman.
Blood transfusion between family members and relatives
Blood transfusion can not be considered in any way to be a cause of creating
blood relationship between the two people involved, thus it is perfectly lawful
to transfuse the blood of the husband into the wife or vice versa, and this
will not effect their marriage in any way. Similarly, there will be no relationship
between the one who donated the blood and the one in whom it was transfused,
thus marriage between the two will be permissible, for they are regarded as
strangers.
The reason for this is that, Islam has restricts relationship and the impermissibility
to marry with lineage and fosterage, thus it is inappropriate and not permissible
to exceed these two.
Conclusion
From all of the foregoing, we learn that donating and transfusing blood will
be permissible in cases of need and necessity (along with the other conditions
stipulated above). It will not be permissible to use it for the purpose of beatification
or merely gaining strength. It is also impermissible to buy and sell blood.
Today we see the establishment of blood banks where the blood of different people
is stored and used whenever needed. The advantage of these banks is that it
gives them an opportunity to store the different types of blood and then match
it with the blood of the one in need.
From a Shariah perspective, it will not be permissible for one to sell his/her
blood to the bank; rather it must be donated freely. Also, one must determine
that his/her blood (and the blood in that particular bank) is only used in cases
of need and necessity, and not for beatification purposes.
And Allah knows best
Muhammad ibn Adam al-Kawthari,
Darul Iftaa, Leicester, UK
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