Islamic Rulings: Medical Issues

Ayatollah Sayyid Ali Khamenei - XKP

Published: 2012
Tag(s): "Spiritual Purity (Tahārat)" "sex change" "birth control" "examining dead body" "organ transplant" "blood money" islam touching examining surgery pregnancy abortion suicide smoking xkp fasting rules

Chapter 1 Rulings Regarding Spiritual Purity (Tahārat)

Question one: What ruling does rubbing alcohol have?

Answer: Without knowledge of it being spiritually unclean (najis), it is ruled as spiritually clean (tāhir)

Question two: Is the alcohol that is used to kill bacteria after an injection spiritually unclean?

Answer: It is spiritually clean if it is not a liquid that is originally an intoxicant or it is doubted that it is an intoxicant liquid.

Question three: What ruling does touching dried blood over a wound after it is made spiritually clean have?

Answer: If it is blood it is spiritually unclean and touching it with enough wetness where the wetness would be transferred would result in becoming spiritually unclean.

Question four: Sometimes dead tissue that is adjacent to live tissue must be severed to prevent an infection. What ruling does touching this tissue have?

Answer: It is spiritually unclean if it is called a piece of a body and has been cut off, but one does not have to perform a ghusldue to touching it.

Question five: Suppose one’s mouth becomes bloody and his artificial teeth touch the blood. Can one make the artificial teeth spiritually clean without taking them out of the mouth?

Answer: It is possible, it is even possible with less than kurwater.

Question six: What ruling does swallowing blood that comes from one’s gums due to a sickness or due to brushing one’s teeth have?

Answer: If one has a choice it is not permissible.

Question seven: What ruling does thin transparent blood have after it is made spiritually clean and the blood is cleaned off of the wound have?

Answer: It is spiritually unclean if there is blood in it.

Question eight: What ruling does transferring blood from a woman to a man or from an unbeliever to a Muslim have?

Answer: There is no problem in it.

Question nine: What ruling does touching the blood of a mosquito or a fish whose blood does not gush out of its veins have?

Answer: There is no problem, it does not cause spiritual uncleanliness.

Question ten: Sometimes when one wants to draw blood he puts a needle into the vein and the needle comes into contact with blood. But, because the blood did not flow into the needle or an insufficient amount of blood was taken there is a need to take more blood. Does this needle become spiritually unclean? Is one able to use this needle again?

Answer: There is no problem in using it again and it is spiritually clean if there is no blood on the outside of the needle and the needle did not touch a wet spiritually unclean substance.

Question eleven: What ruling does touching the sweat of ajunub person or spiritually unclean items have?

Answer: The sweat of a junub person is not spiritually unclean. If one touches a spiritually unclean substance that is wet enough to transfer the wetness he (the part that touched) will become spiritually unclean.

Question twelve: Sometimes blood reaches the hands of a person taking another person’s blood. Is it possible to make his hand spiritually clean by using a cotton swab with rubbing alcohol or does one have to act according to the rules found in the books of jurisprudence?

Answer: Making items that have become spiritually unclean spiritually clean, similar to what has been mentioned in the question, must be done by using water.

Question thirteen: Sometimes a broken bone tears through the skin, does touching this bone necessitate a ghusl? 

Answer: Ghusl is not necessitated if the person is still alive. If the person is dead, then, in all cases, if it is touched a ghusl will become obligatory.

Question fourteen: Sometimes people knowingly or unknowingly tear some of their skin around their fingernail, or any other place, off. Does touching a part of the skin that has been separated necessitate a ghusl?

Answer: It does not necessitate a ghusl.

Question fifteen: Does semen that comes out without lust, unintentionally, and without force necessitate a ghusl?

Answer: A ghusl is necessitated if one is certain that it was semen.

Question sixteen: How does one perform ghusl if his whole leg or arm is in a cast?

Answer: He must perform the jabīrah ghusl.

Chapter 2 Rules Regarding Prayer

Question 17: What should a person do if urine, feces, or stomach gases are constantly released from his body, to such an extent that he cannot perform a prayer with wudū’ and also does not have the ability to perform wudū’ before every prayer?

Answer: In the cases where one is unable to perform wudū’ he must perform tayammum. The rulings of the maslūs and themabtūn are mentioned in detail in the books of Islamic jurisprudence.

Question 18: Does a person who has an open wound or broken bone one the top of his head or on his foot have to performtayammum if it is harmful for him to pour water over the wound? What must he do in other cases?

Answer: If he is not able to wipe it he must place a spiritually clean piece of cloth over it and wipe that, and as a recommended precaution he should perform tayammum as well. If one is unable to put a piece of cloth over the wound he must perform tayammum in place of wudū’, and also perform a wudū’ without wiping.

Question 19: What must a person who cannot feel his hands, and as a result of that, cannot wash his face and arms or wipe his head or feet in wudū’ do regarding wudū’?

Answer: He must find a representative to perform the wudū’ for him if he cannot do it himself.

Question 20: Does a sick person who was unconscious a day or more due to his sickness or due to being made unconscious for an operation have to make up the prayers that he missed?

Answer: If one becomes unconscious involuntary he does not have to make up his prayers, or else, as an obligatory precaution, he must make up his prayers.

Question 21: Does a person who has had one or two legs amputated have to wipe in wudū’? If he does, how?

Answer: Wiping is not obligatory if the whole part of the body that has to be wiped is amputated.

Question 22: Does a person have to wipe his artificial leg while performing wudū’?

Answer: No.

Question 23: Can one wipe with an artificial hand if his hand has been amputated above the wrist?

Answer: No, and he must wipe with the remaining wetness, if there is no problem with his other hand he must wipe with the palm of his other hand.

Question 24: How should one perform the funeral prayers for one who has committed suicide?

Answer: If he was a Muslim it is obligatory to perform the funeral prayers in the same way as all other Muslims. The funeral prayer must be performed for him.

Question 25: Is it permissible to perform the prayers when one has blood on his body or clothes in two different places where each one is around the size of a dirham?

Answer: The prayer would not be correct if both of the spots of blood equal more than a dirham.

Question 26: Is it permissible to pray with gloves or shoes, even if they are spiritually clean?

Answer: There is no problem, but one’s big toe must reach the ground while performing prostration.

Question 27: What ruling does glasses whose frame is made from a substance mixed with gold worn by a man in prayer?

Answer: If it is gold and used for beauty it would be forbidden for a man to wear and it would invalidate his prayer.

Question 28: Suppose a sick person started his prayer standing up and then in the middle of his prayer he felt light-headed and weak. Is it permissible for him to perform the rest of his prayer sitting or lying down?

Answer: There is no problem in it if he is forced, but if there is time remaining and he is able to perform the prayers standing later during the time of prayer, he should perform them then.

Question 29: Are the prayers of an unconscious person who does not have any feeling, movement or thought excused? If he dies does his inheritor have to make up the prayers that were missed in this state?

Answer: An unconscious person does not have to pray nor does he have to make up the prayers he missed unless he purposely did something to become unconscious.

Question 30: The bodies of some of patients in a hospital are spiritually unclean due to injections and other reasons and other patients wear clothes that have become spiritually unclean. How should they pray if they cannot make themselves spiritually clean nor do they have access to spiritually clean clothing?

Answer: If one is unable to perform prayers in a spiritually clean state he must perform them in a spiritually unclean state. There are different scenarios regarding the clothes, if he is unable to remove them then he must perform prayers in his spiritually unclean clothing.

Question 31: Is one able to perform prayers with external or internal hemorrhoids?

Answer: One may perform the prayers with the blood from hemorrhoids, even if it is internal.

Chapter 3 Rules Regarding Fasting

Question 32: Does phlegm from one’s throat invalidate one’s fast?

Answer: If it does not reach one’s mouth it does not invalidate one’s fast.

Question 33: What rulings does unnecessarily taking a vitamin rich injection have in regards to fasting?

Answer: Injections that are used in place of food invalidate the fast.

Question 34: Does putting inedible objects such as dentist equipment into one’s mouth invalidate one’s fast?

Answer: As long as nothing reaches one’s throat one’s fast does not become invalid.

Question 35: While fasting, is it permissible to brush one’s teeth? What is the ruling if the toothbrush has become wet and the wetness mixes with one’s saliva?

Answer: There is no problem in it, but the wetness that enters one’s mouth must not reach one’s throat.

Question 36: Some people who have asthma must use a spray in order to help them breathe. What is the ruling regarding these people and fasting?

Answer: If something enters their throat that is not pure breath, their fast would be invalidated.  

Question 37: A doctor forbade a patient from fasting, but the patient knows that fasting is not harmful for him. What is the ruling regarding this?

Answer: If he knows that fasting is not harmful for him then he must fast.

Chapter 4 Rules Regarding Food

Question 38: Eating certain types of food for certain patients is harmful. What ruling does eating these foods have for those patients?

Answer: According to the question, if the harm is such that it is necessary to stay away from it then it is not permissible to eat those types of food.

Question 39: If the only way a patient can be cured is by eating forbidden meat or spiritually unclean substances, would it be permissible for him to eat it?

Answer: It is permissible to eat the amount necessary to be cured.

Chapter 5 Rules Regarding Looking, Touching and Examining

Question 40: Is one able to refer to a doctor of the opposite sex for something that a doctor of the same gender is able to do?

Answer: If the doctor of the same gender is able to cure the patient than it is impermissible to refer to a doctor of the opposite sex.

Question 41: Can a man refer to a woman doctor or a woman refer to a male doctor when there is a doctor of the same gender available for such things as injections or casting broken bones?

Answer: If the doctor of the same sex is able to cure the patient than it is impermissible to refer to a doctor of the opposite gender.

Question 42: When there are male and female doctors of the same caliber is it forbidden for a woman to refer to a male doctor? This examination includes looking and touching.

Answer: Refer to the previous answer.

Question 43: Male medical students examine different parts of a woman’s body and female medical students examine different parts of a man’s body in hospitals and medical centers. With keeping in mind that this is for learning and is part of the educational system of medicine, what ruling does this have and what is your position about its limits?

Answer: If the doctors in this country depend on the knowledge obtained from this method, the limit would be the minimum amount required. But, it is not permissible for pure intellectual purposes.

Question 44: Usually a few medical students are responsible for some patients in certain parts of a hospital. Are the medical students allowed to inspect patients of the opposite gender in order to gain experience, not to cure the patient?

Answer: If doctors in this country are dependant on the knowledge or experience gained through this, or there is another reason for it to become necessary there is no problem. Other than this, it is impermissible to look at the opposite gender.

Question 45: Even though there are women specialists and women workers in hospitals, usually male doctors or hospital workers help with giving birth. Is there any problem in this?

Answer: It depends on the necessity, if it is necessary there is no problem, but if it is not necessary there is a problem.

Question 46: Is there a problem with seeing pictures of nude women and men who are Muslim but unknown to the looker. The purpose of looking at the pictures is for medical knowledge.

Answer: There is no problem to look at pictures of someone that one does not know without lust or corruption.

Question 47: Many professors say that the best examination is a complete examination. If one does not pay attention to this the professor will complain about the student. But, the student, taking into consideration the conditions of the patient, determines that is unnecessary to perform many of the different types of examinations. What is the student’s duty in this situation?

Answer: The student must act according to his own religious duties.

Question 48: Today, in a certain city, there are male and female specialists in different fields of medicine. What ruling does going to a doctor of the opposite sex have in this city? What if the male doctor is more knowledgeable?

Answer: This is measured by necessity. If it is necessary there is no problem.

Question 49: Sometimes it is possible to examine a patient by using a mirror. What ruling does not paying attention to this have?

Answer: It is not permissible to touch or look at the (patient’s) body when one can be cured without touching or looking.

Question 50: Is it permissible for a male doctor to touch a female patient if there is or is not a female doctor present.

Answer: It is not permissible if it is not necessary.

Question 51: Is it permissible to use the bones found in Muslim graves to learn medicine? Does touching these bones necessitate a ghusl?

Answer: The mentioned bones must be buried, but if it is necessary for doctors to learn using these bones then there is no problem. If it is considered that a ghusl was performed on the dead bodies then there is no need to perform a ghusl after touching them. If possible, after using the bones they should be buried.

Question 52: What ruling does touching a part of a live human’s body that has died and become stiff have?

Answer: Like all other parts of a live human’s body, there is no special ruling.

Question 53: In the case where an external part of the body, for example an arm or leg from the opposite gender, is transferred to another person, does touching the transferred part have a problem?

Answer: If it has become part of his own body there is no problem in touching it.

Question 54: It is commonly seen that some laymen usually interfere in medical issues and tell patients to take certain medicine. What is the ruling if this causes death or serious injury?

Answer: If he was not a doctor and only advised a patient to take medicine and the patient, with his own will, took the medicine, there is no ruling regarding the layman.

Question 55: Women medical students have been taught enough regarding childbirth. Is there a necessity for men to be areas where women are giving birth because their presence causes them to see or touch women’s bodies?

Answer: According to the question it is not permissible.

Question 56: It is easy to check one’s pulse or blood pressure over a piece of cloth. Is it not forbidden to have a person of the opposite sex perform these procedures?

Answer: Touching and looking at the opposite sex is impermissible unless there is a necessity.

Question 57: If a part of a non-Muslim body is transferred to a Muslim body but does not come to life, what ruling does touching this part or praying with this part have?

Answer: If the ‘urf consider it part of his body then it has the same ruling as the other parts of his body.

Chapter 6 Rules Regarding Surgery

Question 58: A doctor has certainty that performing surgery on a certain patient will not make him live longer. He knows that if the patient has surgery or not he will not live for more than a short period of time. Is it permissible for him to perform surgery because of the insistence of the patient’s family or the rules of the hospital?

Answer: There is no problem, with the condition that it does not have an affect on his death.

Question 59: Some patients are adults and sane and need surgery, but because of fear or any other reason choose to endure pain and refrain from surgery. The patient’s family also does not give permission for surgery. The doctor knows that if the patient does not have surgery he will die or be inflicted with a serious injury. In this case can the doctor perform the surgery?

Answer: If saving his life is dependent on the surgery there is no problem.

Question 60: A woman wants to give birth but a specialist determines that either the mother or child will die in surgery so that one of them will live.  Without the surgery both of them will die and with the surgery there is a good chance that one of them will live. Is surgery permissible in this case? If so, which life should be saved?

Answer: As per the question, it is permissible to perform the surgery and which ever person has the better chance of living should be saved.

Question 61: Does a doctor need to explain the side effects that a surgery might have to the patient?

Answer: He does not need to.

Question 62: Sometimes doctors have to tie a child’s legs while performing circumcision, or, due to the baby’s screams, hold the mouth of the baby. All of this could be prevented by putting the baby to sleep and then performing the operation. In this case what should be done?

Answer: as per the question, the opinion of the doctor is important. He should perform the operation in whatever way is easier and the chance of success greater.

Chapter 7 Rules Regarding Changing One’s Sex

Question 63: What ruling does changing sex from a man to a woman or a woman to a man by surgery have?

Answer: This surgery, in itself, has no problem, but one must stay away from forbidden actions that can happen while doing this.

Question 64: What ruling does one’s previous marriage have if a man and woman get married and then change their sex? If the marriage becomes invalid does the man have to pay the complete dowry to the woman?

Answer: The marriage would become void. If the couple had intercourse then the whole dowry must be paid and the ruling of paying half of the dowry before intercourse is not certain.

Question 65: What ruling does a marriage have if the husband and wife change sex at the same time?

Answer: It would not be far-fetched that their marriage would remain valid, but as a precaution they should renew their marriage contract.

Chapter 8 Rules Regarding Pregnancy and Methods of Preventing Pregnancy

Question 66: What is the ruling about having intercourse but ejaculating outside of a woman? Does this action need the permission of one’s wife?

Answer: There is no problem in it and the permission of the wife is not important.

Question 67: Putting AUD inside a woman for childbirth is not possible without looking and touching. In this case is it permissible for a female or male doctor to perform this operation?

Answer: It is not permissible to look or touch even though the operation is permissible in itself conditional upon the permission of one’s husband.

Question 68: Is performing a vasectomy with the permission of the man permissible? Does this operation need the permission of one’s spouse?

Answer: There is no problem with this operation in itself but one must refrain from forbidden looks and forbidden touches. There is no need for a man to get his wife’s permission.

Question 69: Does the permission of vasectomy with the purpose of population control have a secondary ruling (hukm thānawīyyah) and when there is no need for such a measure the permission will be taken away?

Answer: The ruling is not a secondary or governmental ruling.

Question 70: Tying one’s tubes will result in permanent barrenness. Reversing this operation is dependant on another operation that has only a 50 percent chance of success. Is it permissible to perform this operation due to population control?

Answer: There is no problem with this operation in itself but one must refrain from forbidden looks and forbidden touches. A woman must also get permission from her husband to perform this operation.

Question 71: Is it permissible to permanently prevent a woman who has the conditions of bringing defective babies into the world from having children, especially if this has been proved from earlier childbirths?

Answer: There is no problem with this operation in itself if the husband gives permission. One must stay away from other forbidden actions that might accompany this action though.

Question 72: Can a woman take pills which prevent childbirth without the permission of her husband? Or can she get an AUD?

Answer: She must not do this without the permission of her husband.

Question 73: Many pregnant women who are able to have natural childbirths insist upon having cesareans so that they do not feel so much pain. What is the ruling regarding this?

Answer: There is no problem with it in itself but all of the other religious rulings must be observed.

Question 74: There are many ways to prevent pregnancy or for population control. Can people who have knowledge about the different ways and their side-effects choose which way they want?

Answer: With keeping in mind other religious rulings there is no problem in it.

Chapter 9 Rules Regarding Barrenness and Impregnation

Question 75: What ruling does putting sperm from an unknown man into a woman by an operation, with the condition that her husband is unable to have children have?

Answer: This operation, in itself, does not have any problem but one must stay away from forbidden looks and touches.

Question 76: Suppose artificial sperm is invented and a woman has artificial sperm placed in her womb. From this artificial sperm she has twins, a girl and a boy. Can these twins marry each other? What are the rulings concerning family relations on their mother’s side?

Answer: They are brother and sister and are mahram to themahrams of their mother.

Question 77: Suppose artificial sperm and an artificial womb is created in the future. If artificial sperm is placed in the artificial womb and a boy and girl are produced, are they brother and sister? Can they get married to each other?

Answer: They would not be brother and sister and there would be no problem with them getting married.

Question 78: If a fetus before the spirit is blown into it is transferred from one woman to another woman, which woman would be the mother? If the first woman is the mother is the second woman mahram?

Answer: If it was transferred from the womb of one woman to another then the first woman would be the mother, if this is not the case the second woman would be the mother.

Question 79: A child is born and a couple adopts it. According to the Islamic code the age of the child is not important, the child can be one day or a few years old. The baby could have been born on time or premature. The question is can one adopt a child when it is still a fetus? Can a couple give the fetus in the mother’s stomach to another couple? If this is permissible can the fetus be transferred to the second mother and grow up in her stomach?

Answer: A foster child does not have the rulings of one’s own child. There is no problem, in itself, of transferring the fetus if there are no forbidden looks or touches.

Question 80: Some women, due to an abnormality in their womb are not able to keep a fetus inside them. Is it possible for them to transfer the fetus to another woman until after childbirth and then the child be returned to the first mother and father? Apparently Imam Khomeini accepted this.

Answer: The religious ruling was mentioned earlier and if the sperm and egg of the first couple created the baby then it is related to them.

Question 81: If a man is not able to create sperm in his body is it permissible for a couple to get sperm from a sperm bank and mix it with his wife’s eggs in a laboratory. After this happens a fetus is created and after childbirth the couple raises the child.

Answer: There is no problem in this in and of itself if no forbidden action is committed. The ruling regarding the child has been mentioned.

Question 82: Regarding question 83, is it possible for the sperm not to be mixed with the mother’s egg in a laboratory, rather be placed directly into the mother’s womb in order that the fetus be created inside the mother?

Answer: There is no problem with that, in and of itself, and in the case where the fetus would be created inside the woman she would become the mother.

Question 83: Many cases where medicine is used in order to have childbirth, birth is given to multiple children in the fifth or sixth months of pregnancy. These children normally die because they have not  developed enough. One of the methods used today to prevent the death of all of these children is to decrease the number of children in a mother’s womb during the first months of pregnancy (between the 50th and 60th day of pregnancy). This method allows the other children to develop enough in order to live. Is this method permissible according to religion or not?

Answer: If all of the children are going to die and there is a way to save some of them it is obligatory to save some of them, but if decreasing the number of fetuses that have life is performed rashly then it seems like there would be a problem in it.

Question 84: If it is permissible for a woman to be impregnated by the sperm of someone other than her husband, who is the father? Is the father the sperm donator? If the father is the sperm donator and the child is a girl, is she mahram to the husband of the mother? If the child is a boy, is he mahram to the mother?

Answer: The child is related to the mother. The child is not related to the husband of the mother and it is far-fetched that the child would be related to the sperm donator. Precaution must be adhered to in this case.

Question 85: In the case that life was breathed into the body of a fetus then transferred to another woman’s womb, is the child related to the first woman or the second one? If the child is related to the first woman, is it mahram to the second woman or not?

Answer: The mother of the child mentioned would be related to the first woman and would not be mahram to the second woman.

Question 86: In the case that an artificial womb is invented in the future, if sperm from one man is placed in the artificial womb and a boy and girl are born, what relation do these children have with each other? Is it possible for them to marry each other?

Answer: It is difficult to say that they would be brother and sister, in this case precaution must be adhered to.

Chapter 10 Rules Regarding Death and The Death Bed

Question 87: Is it obligatory for a doctor or nurse to face their patient who is dying towards the qibla? Is it necessary to get permission from the patient’s representative?

Answer: It is obligatory and if one knows that the representative would agree there is no need to get his permission.

Question 88: Sometimes a doctor or a member of the hospital faculty touches a number of dead bodies in one day. Is oneghusl for touching a dead body sufficient for all of the dead bodies that were touched or does one have to perform a ghuslfor every body that one has touched?

Answer: One ghusl for all of the bodies touched is sufficient.

Question 89: Does one have to perform a ghusl if he touchesthe dead body of a child or a child that was miscarried (over four months)? In addition to the person who touched this body, does the mother also have to perform a ghusl?

Answer: Yes, one must perform a ghusl and if the dead body touched the mother when it was being miscarried it would become obligatory for the mother to perform a ghusl as well.

Question 90: Does a child who was born to a dead mother have to perform a ghusl for touching a dead body after it reaches puberty?

Answer: Yes, this form of touching a dead body also necessitates a ghusl.

Question 91: Is it obligatory to perform a ghusl if one touches the artificial teeth or hair of a dead person?

Answer: Ghusl does not become obligatory by touching the artificial teeth of a dead person. Likewise, touching the hair of a dead person does not necessitate a ghusl. But, if the hair is so short that it would be considered touching a dead body then it is obligatory to perform the ghusl.

Question 92: Is one able to dig up the grave of a Muslim who was recently buried if it is found out that the ghusl and kafanwere performed incorrectly in order to fix the mistakes?

Answer: Yes, in this case it would be necessary to dig up the grave and perform the ghusl and kafan correctly.

Question 93: Sometimes CPR is performed on someone who died but there is hope for him to come back to life. This operation sometimes takes up to two hours. The body of the dead person becomes cold during this time. Does touching such a body necessitate ghusl?

Answer: If he has died, touching him after he has become cold and before he has received a ghusl necessitates a ghusl.

Question 94: Is the will of one who has committed suicide valid?

Answer: The will is valid for up to one-third of the property left behind, there is no difference how the person dies.

Chapter 11 Rules Regarding Internal Examination of a Dead Body

Question 95: What ruling does the internal examination of a dead Muslim body have?

Answer: It is not permissible unless saving another Muslim’s life is dependant on it or the medical needs of an Islamic country would not be taken care of unless this operation is performed.

Question 96: The bodies of some unidentified people are used for learning anatomy and are sold for cheaper prices to different institutions. Is it permissible to perform internal examinations on these bodies?

Answer: If they are found in an Islamic country they are counted as Muslims and the ruling regarding this is mentioned in the previous question.

Question 97: Nowadays, some people make a will for there bodies to be given to medical institutions in order to help people learn medicine. Is this permissible for a Muslim?

Answer: There is no problem if it is done to fulfill the needs of Muslim doctors, especially if saving a respected life is dependent on it. Put if the needs of Muslims are fulfilled by the bodies of disbelievers, then this should be sufficed by them.

Question 98: Can a person’s representatives donate one’s body for organ transplants even if the person himself did not give permission for this?

Answer: If separating some of the parts of a dead body does not cause disrespect for the dead person there is no problem.

Question 99: Can a person’s representatives not donate one’s body who gave permission for his body to be used for organ transplants?

Answer: As a precaution one should not perform this action without permission unless in cases which where it is necessary.

Question 100: What ruling does performing an autopsy have in cases where a crime is suspected have?

Answer: If an obligatory action is dependant on this then there is no problem.

Question 101: Is it permissible to dig up one’s grave and perform an autopsy in order to save the live of the defendant of a murder, find the murderer, or any other action which is more important than the disrespect of digging up a Muslim’s grave?

Answer: If the obligatory action is more important than there is no problem.

Chapter 12 Rules Regarding Organ Transplants

Question 102: Can one transplant the organs of brain-dead (people who cannot breathe on their own, do not have any form of intellect, feelings or voluntary movement, but their heart beats) patients in order to save the life of another person? Is this conditional upon the permission of the patient before he became brain-dead or of his representative?

Answer: If this operation does not cause him to die faster then with his permission or his representatives permission there is no problem.

Question 103: In the case where a patient has a sickness which does not have a cure and the doctors say that death will definitely come soon, is it possible to transplant the patients organs, for example his heart, liver, or kidneys, in order to save another patients life?

Answer: If he has not died yet and these organs would be taken from a live person then there is a problem with it. But, if generally people say that he is dead, it would be permissible with the mentioned conditions.

Question 104: Suppose on a battlefield where Muslims are fighting non-Muslims the life of a Muslim soldier depends on an organ transplant. Is it permissible to transplant the organ of a dead non-Muslim to the Muslim? If it is permissible woulddīyyah (blood-money) become obligatory? Is the dīyyahobligatory on the patient or the person who performed the operation? Does the organ that was transplanted create a problem for prayer?

Answer: There is no problem in cutting out an organ from a dead non-Muslim and transplanting it. Dīyyah does not become obligatory and after the organ is transplanted to the body of a Muslim it is ruled as a part of the Muslims body.

Question 105: Some people, with the intention of helping sick patients, sell their blood or other organs such as a kidney or eye. What ruling does this have?

Answer: There is no problem in it if there is no harm which needs to be adhered to.

Chapter 13 Rules Regarding Abortion and Blood Money

Queston 106: What ruling does aborting a fetus that was conceived by rape and causes the mother great emotional pain have?

Answer: It is not permissible to abort.

Question 107: A doctor decided that one of his patients must abort her 4-month-old fetus. Is abortion permissible? If it is does one have to pay the blood money? If one has to pay the blood money, does the doctor or mother have to pay it?

Answer: Abortion is not permissible unless there is a fatal danger for the mother, and in any case there is blood money and the performer of abortion must pay it.

Question 108: Does a mother who intentionally aborted her 5-month-old fetus have to be physically punished?

Answer: She is not physically punished but there is blood money that has to be paid.

Question 109: How is blood money paid for twins who were aborted? Is it treated as one fetus or more than one?

Answer: By number, the blood money becomes more and more.

Question 110: A woman died from an unintentional accident and the fetus in her womb also died. Does the murderer have to pay blood money for both lives?

Answer: Yes, he must pay blood money for both of them.

Question 111: Is there any blood money for cremating a dead body?

Answer: It is not clear.

Question 112: Does cutting the body parts of a dead body necessitate blood money?

Answer: Yes, it does necessitate blood money.

Question 113: A doctor, because of population control, performed a vasectomy, does he have to pay blood money?

Answer: If the patient gave permission there is no blood money.

Chapter 14 Rules Regarding Assisted Suicide

Question 114: Assisted suicide is killing a terminally ill patient so he does not have to go through any pain. What is the ruling regarding this action?

Answer: Murder is not permissible in any case and one would have to pay blood money and be physically punished.

Question 115: There are three ways to assist a terminally ill patient to commit suicide. First, the doctor injects medicine into the body of the patient that would kill him. Second, the doctor stops giving the patient medicine that he needs which would result in death. Third, the doctor gives the patient a fatal dose of medicine but the patient injects it into his own body. Which one of these is permissible?

Answer: It is not obligatory to keep the dying person alive or delay his death, so the second method would be permissible. But, any action that would cause death would not be permissible, for example, the other two scenarios.

Chapter 15 Rules Regarding Smoking

Question 116: Smoking in public places disturbs other people and even causes harm to their bodies. Is it permissible to do this?

Answer: If it irritates others or causes them harm and they are not ok with it, it is not permissible.

Question 117: Smoking cigarettes continuously causes harm to one’s body, is it not forbidden to smoke?

Answer: If the harm is a harm that one must stay away from then one cannot smoke.

Chapter 16 Miscellaneous Rulings

Question 118: In order to carry out the meaning of the 233rdverse of chapter Baqarah, mothers are advised to breastfeed their babies for two years. Is the mother responsible if, without any reason, does not give this right to her baby?

Answer: Necessity of performing this action is not derived from the verse.

Question 119: Is it permissible to preserve a fetus in a glass bottle in order to teach medicine?

Answer: It must be buried, but it is permissible if there is a necessity, for example the medical needs of the country are dependant on it.

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