Legal and Jurisprudential Examination of Organ Donation After Qisas

Abstract

Qisas is one of the criminal laws in Islam, which the Quran regards as a means of preserving the life of society. The legislation of the Qisas punishment was established to prevent blind vengeance and actions devoid of justice, as well as to deter criminals from committing murder or causing bodily harm to citizens. The Qisas law is intended to protect the crucial pillar of society, namely the life of individuals, from criminals. In this context, the issue of organ donation may be one of the positive aspects. A criminal or convict who is sentenced to Qisas or execution usually repents before the execution of the sentence, and after the punishment is carried out, their body is cleansed of sin. If such a person bequeaths that their organs be donated to patients in need after death, this noble act of charity will also result in the forgiveness and mercy of their soul, granting them eternal peace. However, there remains ongoing debate among scholars, jurists, and legal experts regarding this matter.