AN APPRAISAL OF ORIGIN DONATION AND TRANSPLANTATION UNDER ISLAMIC AND NIGERIAN MEDICAL LAW

ABSTRACT This research critically appraises the legal and ethical dimensions of organ donation and transplantation from the dual perspectives of Islamic law-particularly the Maliki school of thought-and Nigerian medical jurisprudence. It explores the increasing medical relevance of organ transplantation as a life-saving intervention and highlights the legal and ethical challenges posed by inadequate legislative frameworks, especially in Nigeria. The study investigates the validity of organ donation and transplantation within the context of the Maqasid al-Shari'ah (objectives of Islamic law), emphasizing the preservation of life and human dignity. It further evaluates the principle of necessity (darürah) as a justification for otherwise prohibited acts in Islamic jurisprudence. The Nigerian legal framework, including the National Health Act 2014 and constitutional provisions, is examined to determine the legality and procedural safeguards surrounding organ transplantation. Using doctrinal legal methodology, the research draws comparisons between Islamic and Nigerian legal systems, identifying similarities, divergences, and areas for mutual enrichment. Ultimately, the study seeks to provide a nuanced understanding of the compatibility between Islamic ethics and modern medical law, offering recommendations for harmonizing religious beliefs with evolving legal and medical practices to encourage ethically sound organ donation in Nigeria.