Legal Maxims in Islamic Jurisprudence: Their Use in Determining the Legality of Organ Transplants

Abstract

This study explores the application of Islamic legal maxims in determining the permissibility of organ transplantation, where religious doctrine significantly influences medical ethics and public policy. Through an analysis of key Islamic principles al-dararu yuzal (harm must be eliminated), al-mashaqqatu tajlibu al-taysir (hardship brings ease), and maslahah (public interest) the study reveals how Iranian jurisprudence navigates the ethical complexities of organ transplantation. Using qualitative data from fatwas, religious texts, and interviews with scholars and medical professionals, the research illustrates Iran’s balanced approach, which seeks to protect life and health while adhering to Islamic ethics. Findings indicate that Iranian religious and legal authorities have developed a cautious but adaptive framework that permits organ transplantation under specific conditions, aligning public health needs with Islamic values. This nuanced approach underscores the adaptability of Islamic jurisprudence to address modern bioethical issues, positioning Iran as a potential model for Muslim-majority countries dealing with similar ethical considerations.