The Majlis Archive

General Fiqh The Majlis Vol 28 No 11, p.20

In his fatwa a Mufti says: "One would be allowed to donate blood whenever the call for donations is made, even though there may not be (at that specif

Question

In his fatwa a Mufti says: "One would be allowed to donate blood whenever the call for donations is made, even though there may not be (at that specific moment) an urgent appeal made for a patient who is in dire need. The donor, however, should donate his/her blood with the intention that the blood must be used in times of extreme necessity for someone who is in dire need of it. At the same time, the donor should take his/her own health also into account, that in the fervour of donating blood, so much should not be donated that results in the donor becoming weak and ill. The difference between blood donation and organ transplant is that blood regenerates and organs don't. Additionally, our illustrious Fuqaha have permitted the usage of blood as a treatment in dire circumstances. Hence, this should not be a cause for any befuddlement. Donating blood is permitted at a time of severe need. [Re:- Kifaayatul Mufti Pg. 154 Vol.9 / Ahsanul Fataawa Pg.273 Vol.8] However, nowadays a number of blood banks have been established in various parts of the country. These blood banks after extracting the blood test it for diseases; ascertain the appropriate blood group and store it. The blood is then used at the time of necessity. There always exists a need for blood for patients in various hospitals in the country. Due to having to follow these stipulated procedures, one is permitted to donate blood in advance with the intention that the blood is readily available for use at the time of need." Please comment.

Answer

Rasulullah (Sallallahu alayhi wasallam) said:

"Shifa' (cure) of my Ummah has not been put in substances which have been made haraam for them."

Although haraam and filth also have curative properties, Allah Ta'ala has made haraam for Muslims haraam substances. This is the actual law of the Shariah. However, the Fuqaha have ruled that in cases of dire need if no halaal medicine is available, then whatever haraam is available may be used as medicine. The utilization of haraam is restricted to the need when it (the haraam) happens to be available.

But to adopt haraam as a primary and permanent medicine/medical treatment is never permissible. The law of the Shariah stated by Rasulullah (Sallallahu alayhi wasallam) may not and can not be abrogated or cancelled with opinion. If laws of the Shariah are abrogated or set aside on the basis of opinion, nothing will remain of the Shariah of Allah Ta'ala.

If during an emergency, no halaal medicine is available, only then may haraam/filth such as blood be used. If even the haraam substance is not available, the Mu'min just has to resign himself to Allah Ta'ala. In fact he has to resign himself to Allah Ta'ala from the very beginning thus abstaining from blood transfusion. What will be the consequence of such abstention?

Those whose adherence is slack with the Deen will say that refusing to acceot blood will lead to death. The answer is: Death comes at its appointed time. Blood and even halaal remedies will not stave off Maut. Nothing can thwart Maut. Allah Ta'ala says in the Qur'aan Majeed: "No person will die except at the appointed time with the decree of Allah." It is therefore fallacious to believe that a haraam remedy such as blood will save the life of the patient.

While available haraam may be accepted in dire cases of need if halaal is not available, it is not permissible to establish 'banks' to store haraam substances – blood, urine, faeces, etc.. - for use in future patients. Pork may not be stored in anticipation of future starving. If at the time of need, halaal and haraam are not available, there is no option but to live without medicine. Maut will arrive at its appointed moment.

Islamic culture does not permit accumulation of filth (najaasat) and haraam substances for future use. Blood banks and donating blood are not permissible. The arguments proffered by the Mufti are all spurious and devoid of Shar'i worth. Opinion never overrides any law of the Shariah.

Blood donation is haraam. Blood banks are haraam.

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