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

Similar documents
WORLD HALAL RESEARCH Istihalah: Concept and Application. Assoc. Prof. Dr. Abdul Rahman Awang

Published: June By: Aboo Ishaaq Rasheed Gonzales

Halaqa Session #4 Jun 14, Fiqh us-salat. Sunan Acts within Salah

All About. Zakat al-fitr.

GUIDELINES FOR USE OF NON-HALAL MEDICINES FOR MUSLIM PATIENTS

SLIDES file # 2. Course No: ISL 110 Course Title: Islamic Culture Instructor: Mr. Taher Shah Hussain Chapter 1 : Sources of Islamic Legislation

In the name of Allah the Creator and Sustainer of the universe and all it contains and may His blessings be upon the Final Messenger Mohammad (saw).

Can a woman become Imam?

Q & A. By Shaykh Fakhruddin Owaisi al-madani

Islam & Sex and Relationships Education (SRE) Policy

The English Translation Of Sahih Al Bukhari With The Arabic Text (9 Volume Set) By Muhammad Ibn Ismail Bukhari;Muhammad Muhsin Khan

A PRAGMATICS ANALYSIS OF PROHIBITION UTTERANCES IN ENGLISH TRANSLATION OF BUKHARI HADITH

Q & A. The Mawlid-un-Nabi

Stunning & Mechanical Slaughter 1) Stunning

The Concept of Martyrdom Between Reality and Allegation

INTERNATIONAL CONFERENCE ON WAQF, TRUST & ENDOWMENT

Recitation of the Holy Quraan (Abd Al-Baset ) plus parsing of the Holy Quraan MP3

Guidebook on I tikāf: Spirit, Fiqh and Guidance. "

The Rights of. Animals. in Islam

Digest Message Digest Message

Background article: Sources, Shari'a

FANTASY ISLAM (KAFIR EDITION)

Aisha Siddiqua RA she who lives. Feb 13 th 2009 Shaheen Zakaria

THE PROOF FOR PRAYING IRSAAL (I.E. SADL) (THE PLACING OF ONES HANDS TO THE SIDES)

CHAPTER 16 MABIT IN MINA. (Spending the Nights in Mina) Days of Tashriq

The City School. Prep Section. Islamiyat. Class 7. PAF Chapter. Worksheets for Intervention Classes

Understanding the Concept of Azaa' for Imam al-husayn (a)

Class 3: Fiqh of Purification

The City School. Prep Section. Islamiyat. Class 7. 2 nd Term. PAF Chapter. Worksheets for Intervention Classes

The Concept of IJTIHAD and it s contemporary application. Prepared and Presented by: MUFTI ZUBAIR BAYAT (MA)

With the Name of God, All-Merciful, Most Merciful ABORTION, STAGES OF THE EMBRYO AND THE BEGINNING OF LIFE

How The Prophet (pbuh) Performed Ghusl

Tafsir Ibn Kathir Alama Imad ud Din Ibn Kathir

SIMILARITIES BETWEEN ISLAM AND CHRISTIANITY. Dr. Zakir Naik

THE ROLE OF MUSLIM WOMEN IN ISLAMIC PROPAGATION AND EDUCATIONAL PERFORMANCES IN LIGHT OF THE NOBLE QUR AN

Islamic Perspectives

Here, once again, I would cite Imam Shafi i as my mentor. He says:

Seeking blessings from the graves of the pious

Celebrating the Prophet s birthday is absent from the Sunnah and the Pious Predecessors never did it.

The Etiquettes of Visiting and Hosting Visitors in Islam!

What is Taqwa and How to increase it

TITLE: THE STORY OF PROPHET MUHAMMAD (SAW) PT1 ARTICLE 14 16/01/2011 CATEGORY: PERSONALITIES

There are a number of hadiths on the poisoning incident but here are the ones he quoted.

Comparing Christianity, Judaism, and Islam

This newsletter is sponsored by Shining Stars Nursery

Hadith Hadith Sciences

Preservation of Sunnah (part 1 of 4)

Islamic Beliefs and Practices

EIDGAH AND FEMINISM. Written by RELIABLE FATWAS -

Written Assessment. End of Year 2016 / Sanatayn Year 1 - Boys

Accepting a gift from a kaafir on the day of his festival

Hadhrat Fatima (may Allah be pleased with her) Leader of the women in paradise

Musnad Imam Ahmad Bin Muhammad Bin Hanbal - Subject Codified Into Chapters (Tabweeb) - Vol. 2 (Arabic Only) (Arabic Edition) By Abdul Mannan Omar

Merits of First 10 Days of Dhul-Hijjah فضل أيام عشر ذي الحجة

THE QUR AN AND HADITH - SESSION 3

Islamic Concept of Poverty

Introduction to Islamic Law

Ruling regarding the Guarantee of Safety provided by the Muslim to the disbeliever (non-muslim)

The Sunnah and Elements of Flexibility in Determining the Times of Fajr and imsak (beginning of fasting) By Shaikh Ahmad Kutty

-36- CHAPTBR THREE WORKS OF MUHAMMAD BIN AL-HASAN AL-SHAYBANI. Importance of His Works and Their. Upon Other Schools of

Fiqh of Taharah: Class Five

THE EFFORTS OF THE SCHOLARS OF HADITH TO ENRICH THE SCIENCE OF RECITATION MODES

Chapter 23: Riba. Introduction. However the prohibition of riba is meant to free and liberate. Connection between Riba and Greed

Downloaded from: justpaste.it/lonewolfrulings

MS1500:2009 (2.3)(e) Does not contain any human parts or its derivatives that are not permitted by shariah law

Al Hadith By Prophet Muhammad

The Menstruating Woman & the Night of Al-Qadr (Decree)

Fasting in Ramadan. I have certainly vowed to the Most Merciful abstention (ṣawm). [Sūrah Maryam, 19:26]

SALIH AL-MUNAJJID. Abu Bakarah (may Allah be pleased with him) reported that the Prophet (peace and blessings of Allah be upon him) said:

Rulings of Udhiyah (Sacrifice) Rulings of Udhiyah (Sacrifice)

What is the rule regarding Al-Tawassul through the Prophets and Saints?

40 Top Questions For New Muslims. Collected by : Ali Ateeq Al-Dhaheri

Was al-isrā wa al-mi rāj a bodily or spiritual journey?

In the Name of Allah, the Most Gracious, the Most Merciful

Origins of Shia a. Answering-Ansar.org Articles. Revisions:

CLARIFICATION OF THE POSITION THAT THE SIX FASTS OF SHAWAAL IS MAKROOH ACCORDING TO SOME SCHOLARS BY MUFTI WASEEM KHAN

The Basics of FIQH. Prepared by: Mohamed Baianonie (Imam of the Islamic Center of Raleigh, NC) CONTENTS

Al Hayat Tayyibah (The Good Life)

NAMES OF ALLAH. Al Quddus. The Good Life Oct 7, Muharram 1440

What do you know about Islam?

SCHOLARSTIC VIEWS ON INHERITANCE OF DISTANT UTERINE RELATIONS: A STUDY OF SOKOTO STATE OF NIGERIA

Tafsir Ibn Kathir Alama Imad ud Din Ibn Kathir

Copyright. This article was originally published by IIASA Research Center.

The Tafsir of Surat Al-Ikhlas (Chapter - 112) Which was revealed in Makkah The Reason for the Revelation of this Surah and its Virtues

Muslim School Oadby Shabaan 1436

Sources of Financing Funding

Deeds that equal the reward of Haj Haj without a Visa!

In the name of Allah, most Gracious, most Merciful. Fatima Az-Zahra (A) By Dr. Syed H. Akhtar Austin, Texas

Al Hadith By Prophet Muhammad

Muslim scholars on voting

In the name of ALLAH, the BENEFICENT, the MERCIFUL (INTERNATIONAL) AHMADIYAH ANJUMAN ISH AT-I-ISLAM (LAHORE), CANADA AUGUST KAABA

Class 1: Fiqh of Marriage

HADHRAT MUHYI-UD-DIN AL-KHALIFATULLAH. Munir Ahmad Azim. 19 October Safar 1440 AH

Musnad Imam Ahmad Bin Muhammad Bin Hanbal - Subject Codified Into Chapters (Tabweeb) - Vol. 2 (Arabic Only) (Arabic Edition) By Abdul Mannan Omar

A brief look at the life of the one who spread Islam to the corners of the world.

Siddiqui Publications

Week Two: Importance of Appearance (cont.) Entering or Leaving a House

In the Name of Allah, the Most Gracious, the Most Merciful

Allah Gave Me Two Eyes To See Allah The Maker

Regarding the First Revelation

Transcription:

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: -------------------------------------------------------------------------------------------------------------------------------------- 1. 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

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

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

Organized by WorldConferences.net 149

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

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