THE CONTRIBUTIONS OF NIGERIAN SCHOLARS ON TRANSPLANTING OF HUMAN ORGANS: A JURISPRUDENTIAL ANALYTICAL STUDY IN ISLAMIC LAW

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Date
2014-08
Authors
MU’AZ, YUSUF AHMED
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Abstract
One of the greatest wonders today in the field of Medicine is the ability of modern medical practitioners to transplant some parts of the human body as for instance to patch a man’s face damaged in an accident with flesh extracted from his thigh. Islam as a religion and way of life is based on the commandments of Allah (SWT) which are contained in the glorious Qur’an and the prophetic Sunnah. Therefore, every Muslim should observe what Halal (lawful) is and what Haram (unlawful) is. In this regard, there is need to have a research under Shari’ah Law to explain fully what the Shari’ah prohibits or permits concerning the human transplant. This is what the researcher do in this research, he has also Examine Nigerian Muslim scholars on contemporary jurisprudential issues with identification of similarities and dissimilarities areas between Nigerian scholars and eminent scholars of the Muslim world on these issues .The research also covers five chapters: Chapter one is introduction, comprising statement of the research problem, objectives of the study, significance of the research, reasearch questions, scope and limitation. Chapter two is literature review: in this chapter researcher started with reviwing of thirteen books and researches which have a relationship with the topic, then he proceed explanation on Shari’ah Law concerning the fifteen types of Human transplantation bodies, e.g the position of shariah Law on transplantation from one living person to another, the position of shariah Law on human body extracted, human body to be transplanted, Organs functioning and restarting, the views and evidences as halal(lawful) or haram(unlawful) a critical assessment of these views the views of FUQAHA ,maliki school,Shafi’i school,Hanbali school ,Hanafi school, then Shari’ah law concerning the unknowing died body, replacement and transplanting from animal organs to human being, organs transplant as will(Wasiyyat),Condition, a critical assessment of the views ,Seminars and conferences with fatwa about transplant of human body, Chapter three is about the methodology of the study, sampling of Data collection, primary sources, secondary sources, interview with scholars in six Geo political zones, questioner. Chapter four compares the contributions of Nigerian Muslim scholars on human transplantation, similarities, dissimilarities, Nuetral, critical assessment. Chapter five: contains Summary, findings, (e.g the researcher found about 89%3 among Nigeriam Muslim Scholars are not aware with Contemporary Jurispundetial issues) then lastly recommendations, conclusion,and references.
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THE CONTRIBUTIONS OF NIGERIAN SCHOLARS ON TRANSPLANTING OF HUMAN ORGANS:, A JURISPRUDENTIAL ANALYTICAL STUDY IN ISLAMIC LAW
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