Islamic Ethics of Organ Transplantation and Brain Death
It is important to have an idea how the jurists reach their rulings and judgment on these thorny hair-raising contentious issues. Islamic jurisprudence is based on two pillars: 1) O' Sool (fundamental, basis) 2) Foroo branches) which include the actual rulings of different Islamic jurisprudence schools in various aspects of life and worship. The jurist reaches his verdict through Careful study of the Holy Quran the Sunna (the trodden path) which include the sayings and speeches of the Prophet Mohammed, Peace Be Upon Him (PBUH) (Sunna Qaw-liya), his deeds (Sunna Filiyya and his approvals (Sunna Taqiiriya). The paradigmatic behavior of the Prophet Mohammed (PBUH) is the example and model that each Muslim aspires to reach. If the jurist is unable to reach a verdict through studying the Holy Quran and scrutinizing the Sunna, he uses analogy and reasoning (Ijtihad or Qiyas). He can also use other sources e.g. Al Masaleh Almursalah, which simply means taking care of public interest provided it does not clash with a clear text of the Quran or Sunna.The Hanafi School of jurisprudence has in addition a similar source which they call Isthsan, i.e. seeking the best solution for general interest. Ijma is a unanimous opinion of the whole community of Islamic jurists all over the world on a certain issue. It was, and still is, very difficult to achieve; however the consensus of the majority of jurists is more pragmatic. In fact, almost all the rulings that were passed by Islamic jurists conferences were passed by majority of votes.