HUMAN BLOOD AND ITS JURISTIC VIEWS, AND THE SHARIAH RULINGS OF ITS TRADE IN MODERN TIMES

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1 HUMAN BLOOD AND ITS JURISTIC VIEWS, AND THE SHARIAH RULINGS OF ITS TRADE IN MODERN TIMES Nura Abubakar Gwadabe Faculty of Islamic Sciences Almadinah International University, Malaysia Abstract This is a brief research on the matter of shariah rulings on "human blood and the views of four Islamic orthodox Jurists on selling it in these days and is it pure or impure? With evidence in both Qur an and hadith, and after showing the statements of four Jurists and the views made to human blood as is it pure or impure, and their said evidence, and then at last researcher would said the most acceptable opinion on this issue. Field of Research: Introduction All Praise be to Allah who is righteous by his grace, who guided us to the right path, we praise him for his kindness, grace, may the peace and blessings of Allah be upon His Messenger, Muhammad and upon his family, companions, and those followed them with charity until the day of judgment. This is a brief research on the matter of shariah rulings on "human blood and the views of four Islamic orthodox Jurists on selling it in these days and is it pure or impure? With evidence in both Qur an and hadith, and after showing the statements of four Jurists and the views made to human blood as is it pure or impure, and their said evidence, and then at last researcher would said the most acceptable opinion on this issue. There are two sayings with regards to matter: All the blood of any kind that comes out from human being is impure, this is a view of majority of Islamic jurist among them is Imam Malik bn Anas, Shafi I, Hambali and ibn Hazam. The second view says that all the blood comes out from human body is pure expect menstruation which is impure, this is a view of Alshsawkani, Shiekh Nasirudden Albani and Sheikh Hassan Khan After the presentation of the statements of the four scholars who opined that human blood is unclean, and then to look at the other hand those with the opinion of the purity of blood with their said evidences, and at the end researcher would find out the most acceptable view among them. Research importance This topic is of paramount importance, and can be summarized as follows: i. It relates to the most important elements of life. ii. Nation's need to know the provisions of the bloodshed they face in their daily lives Organized by WorldConferences.net 146

2 iii. Most important that the bloods of the Muslims are suffering in this era must have knowledge of its provisions. Research problems This research problem lies in the fact and stands of the different and divergent views of scholars on the blood, and its divisions, and the sayings of scholars and their evidence and the judgment of each section of it, and this problem can be formulated through the following questions: i. The concept of blood, and its divisions? ii. iii. What are the scholarly views on the subject matter and their evidence in the judgment of blood and the most acceptable opinion among them? What are the contemporary rulings on selling blood? Research Objectives This research aims to answer the questions contained in the research problem and the like, and can be summarized as follows: i. Statement the concept of blood, and its divisions. ii. iii. Highlighting the scholarly views and their evidence with the most acceptable opinion of them. Know the contemporary rulings on selling blood. Research Limitations This research is limited to a statement and the fact of the blood, its divisions, and the sayings of scholars and their evidence, and said the most acceptable view, its causes, and the current rule of selling it. Research Structure Research was divided into: introduction, two Chapters, conclusion and references. Chapter One The concept of blood and its divisions and it includes two sections: The first topic: the definition of blood in the language and terminology. I: the meaning of blood in the language. II: the meaning and scholastic terms of blood. The second topic: scholars views on blood. Chapter Two Organized by WorldConferences.net 147

3 The sayings of scholars in the blood and the rule of their evidence, and sentenced to sell it in modern age. It includes three sections: First topic: the sayings of scholars in the blood and the rule of their evidence. It includes four demands: I II III IV : The rule of blood in the hannafi s school of thought and their evidence. : The rule of blood Maliki s school of thought and their evidence. : The rule of blood when Shaaf'i s school of thought and their evidence. : The rule of blood when Hanbali s school of thought and their evidence. The second topic: discussion and weighting the most acceptable opinion. The third topic: Rulings on contemporary selling of blood Conclusion The most important findings of the research. Chapter One The concept of blood and its divisions. It includes two sections: The first topic: the literal and technical meaning of blood. The second topic: types of blood The Literal Meaning of Blood Blood is the red liquid that circulates in the arteries and veins of humans and other vertebrate animals, carrying oxygen to and carbon dioxide from the tissues of the body. Technical meaning of blood researcher read and did not find the definition of idiomatic blood, and perhaps the reason for this is the clarity of meaning, which led scientists to be content with the definition for idiomatic language, but it can put a rough definition as follows: blood is a red liquid that applies in the veins. The Second Topic Division of Blood according to Islamic Scholars Islamic Scientists have divided blood into two parts, namely: First blood Tahir (pure), which is of four types, namely: i. The blood of sea animals. ii. Blood that comes out from human body not through his private parts. iii. Blood that is not a liquid like mosquito s blood. iv. The blood remaining in the animal after slaughter. Second, the Najas (impure) blood, which is of three types, namely: i. The blood that comes out through private part. Like menstruation. ii. Shaded blood. iii. Blood of the animals that are not permissible to eat. Organized by WorldConferences.net 148

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5 Chapter two Contemporary and Scholarly judgment and their evidences on the blood and blood-selling It contains three sections: The first topic: The second topic: The third topic: The sayings of scholars and their evidence in the rule of blood Discussion and findings of the most acceptable view. The sale of blood in these days The Jurists Views on Blood After we knew the meaning of the blood in the language and terminology and its divisions, the researcher moves to the views of scholars Hannafi s school of thought and his views on blood hannafi opined that blood is impure be it in large quantity or few, even the blood that comes from the slaughter animals is impure but the blood that remains in the body remain pure, and this is the view of Abu Yusuf (al hanafi), and ibn Abd al-barr( Maliki), Blood fluid that comes out from the injured man, vomiting and mouth-filling is impure, Malikis views on blood; Maalikis said that human blood be it little or much it is impure, and their evidence on this verse: Allah said He has forbidden you only dead animals and blood, and the flesh of swine, and that which slaughtrerd as a sacrifice for others than Allah Q 2 V173 Shafi I s Views on Blood Shaafi'is - like all other jurist - which opined that the blood outside of the human is impure, as well as the blood shed, whether from human or others, this verse :) Allah said: Say o! Muhammad I find not in that which has been revealed to me anything forbidden to be eating by one who wishes to eat it, unless it be dead animal or blood poured forth, or flesh of pork, for that is surely unlawful meat which is slaughtered as a sacrifice for others than Allah, or on which Allah s name not mentioned while slaughtering Q 6 V 145. In a prophetic hadith narrated by Aishat (R.A) who said In the story of menstruation of Fatima bint Abi Hubaysh, The Fatima bint Abu Hubaysh said to the Prophet - peace be upon him - said: O Messenger of Allah, I am a woman always on menstruation. Should I abstain from prayer? The Messenger of Allah Peace Be Upon Him said: (No, but this is a sweat and not menstruation, if the days of your menstruation expired take your bath and pray and whenever you see blood take your bath before you said your prayer. Discussions and findings In light of the views of the scholars - may Allah have mercy on them- and their evidence in the shariah rulings on blood, researcher finds out that the blood is not pure at all; the evidence of its impurity contained in such verse: (or blood of a slaughtered animals) only human blood is pure that comes does out through private parts;. Contemporary Shariah legal Rulings on selling blood I've already said blood is impure, expect human blood that does not comes through private part, and therefore the sale of blood is unlawful (haram), because the Almighty Allah if He forbids something he forbids its price, like wise human blood, it is not permissible to sell it, even if is pure is unlawful to Organized by WorldConferences.net 150

6 sell it because not everything pure is permissible for trade. Human being is not permissible to sell his blood or blood of others with the exception of cases of necessity, so there is no objection to the exgratia and reward those who donate blood as encouragement to this humanitarian work, charity, and this will be a matter of donations and is not a matter of trade-offs. This is the decision of the Fatwa Committee of Al-Azhar in the book: "(BAYAN LIN NAS) of," trading of blood is absolutely not permissible. The evidence for the prohibition to sell it was not known at the time of the Prophet Peace Be Upon Him, and the era of his Companions, but it is a medical necessities brought it up, as a result of that the consensus of Muslim jurists opined that not permissible to sell a blood, in light of these Qur anic verse and prophetic tradition He has forbidden you only dead animals and blood, and the flesh of swine, and that which slaughtered as a sacrifice for others than Allah Q 2 V173. Also, narrated by Abu Juhayfah - may Allah be pleased with him - he bought a cupper, ordered the person doing it and broke it, and was asked about that and he said: The Messenger of Allah, peace be upon him (forbade the price of blood). Blessings and peace of Allah upon our Prophet Muhammad and his family and companions. Conclusion The researcher reached through this research to several conclusions, notably that the blood in Islamic jurisprudence is the red liquid that flows in the veins, and it is divided into two parts: the pure (Taher) and impure (najas) as for the unclean Such blood shaded, and the one that comes through private parts, and the pure is the human blood that comes not through private part, it s clear that it is unlawful to trade with human blood, as its price has being forbidding, unless if there is a necessity one is allowed to donate a blood to others and there is no harm if he was given something in return just for an encouragement and showing appreciation for his help but this would not be a trading References The holy Qur an Ibn manzuur: muhammad ibn mukhram almisry: LISAN AL ARAB. First Edition, Beirut. Ibn abideen: Muhammad Ameen Asshaheer, RADDUL MUHTAR ALA DARUL MUKHTAR. Lebanon Beirut. Abu Dawuud: Sulaiman bin ash as: SUNAN ABU DAWUUD. Addasuqy: Shamsuddeen Muhammad:HASHIYATUL DASUQY ALA SHARHUL KABEER. Darul fikir, Beirut. Organized by WorldConferences.net 151