In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 58 (9/6)
Retransplantation of an Organ amputated in Qiṣāṣ (Retaliatory Punishment) or Ḥadd (Prescribed Punishment)
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 6th session in Jeddah, Kingdom of Saudi Arabia, on 17–23 Shaʿbān 1410h (14–20 March 1990),
Having examined the research papers submitted to the Academy concerning the Retransplantation of an Organ amputated in Qiṣāṣ (Retaliatory Punishment) or Ḥadd (Prescribed Punishment),
Having listened to the discussions on the subject,
Having considered that the objective of Shariah in the application of Hadd punishment is deterrence by maintaining its appearance in order to remain a permanent lesson for offenders and eradicate the opportunities of further crimes,
Given that the retransplantation of an amputated organ requires – according to modern medical science – an immediate surgical intervention, which can- not be performed without prior arrangement and special medical preparations, such an action may suggest the lack of seriousness in the application of Hadd and its expected effects,
Resolves
First: It is not permissible to restore an organ amputated in Ḥadd because the objective of such punishment can be achieved only if its effects remain ap- parent even after punishment. This is the only way to prevent any neglect in the application of the punishment and avoid any possible conflict with evident provisions of Shariah.
Second: Since the Qiṣāṣ (retaliation) has been ordained in order to establish equity and to give justice to the aggrieved person, and to secure the right of liv- ing in society and to provide peace and stability; therefore, it is not permissible to restore an organ amputated Qiṣāṣ except in the following cases:
- The aggrieved person gives permission to the offender, after the application of Qiṣāṣ, to restore the amputated
- The aggrieved person has been able to restore his own
Third: If an organ has been amputated due to an error in the judgment or execution, it is permissible to restore the same.
Indeed, Allāh is All-Knowing.
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