Journal of Islamic Law Review Vol. 5 (2009), pp.

45-63

ISLAMIC PERSPECTIVE OF CRYONICS:

A Critical Appraisal*
Umar A. Oseni**

Advancement in medical sciences brought about the cryogenic techniques

whereby a newly dead body is kept at an extremely low temperature in the
hope of bringing it back to life later with the help of future scientific
advancement. In most cases, the brain is the only organ removed for further
intensive preservation because it is the hub of vital information. The
proponents of cryonics contend that clinical death is not a terminal death,
thus, the situation is subject to scientific reversal. This paper critically
examines the Islamic perspective of cryonics. It is argued that cryonics is
against the objectives of the Shari‘ah as it involves exorbitant waste of
wealth and resources with the incidental costs involved in cryopreservation.
In line with the principles of the law, cryonics is diametrically opposed to
the principle of certainty because it involves speculative conjectures. It
is, therefore, concluded that cryonics violates fundamental Islamic law
because death as a phenomenon is a chain of events which is considered
as the beginning of an end. The religious dimensions on resurrection and
the aftermath of death are well enunciated in the primary sources of Islamic
law.

Introduction
Health facilities have been improved with the proliferation of medical
technology in most developed countries. There has been a constant
need to regulate the use of these health facilities with the enactment of
relevant laws. The ever-increasing controversies on the practice of
euthanasia and the placing of patients in life-support systems have
dominated medical jurisprudence in most countries.1 This is because
*
This is a revised version of a paper presented at the International Conference on
Research in Islamic Laws (ICRIL 09) 2009/1430 organized by the Department of
Syariah and Law, Academy of Islamic Studies, University of Malaya, Kuala Lumpur,
Malaysia, held between 15 th – 16th July 2009.
**
LL.B. (Unilorin, Nigeria), B.L. (CLE, Nigeria), MCL with Distinction (IIUM,
Malaysia) and Solicitor and Advocate of the Supreme Court of Nigeria. At present,
he is a Ph.D. Research Candidate at Ahmad Ibrahim Kulliyyah of Laws, International
Islamic University Malaysia. The author can be reached at
umar.aimhanosi@student.iiu.edu.my
46 / Umar A. Oseni

euthanasia bothers on striking a fair balance between preservation of

life and the need to reduce the pains of the patient in a helpless situation.
Further advancement in technology has brought about what is
called cryonics. Cryonics is an outcome of speculative medical
technology through which the brain of a freshly dead body is removed
for preservation since memory, personality, identity and some other
important information are stored in cellular structures in the brain.
The exploitation of these rare human qualities through future scientific
research and the need to preserve same for a possible revival is the
main thrust of cryonics.2 Though the modern epoch of cryonics began
in 1962, the history of the idea of cryonics can be traced to the famous
letter written by Benjamin Franklin in 1773. 3
This paper examines the practice of cryonics in the modern world
through a periscopic view from the Islamic medical jurisprudence.
This will be carried out through an ethico-legal analysis of the salient
issues involved in the practice of cryonics. The next section gives a
general insight into the practice of cryonics to provide a general but
brief background information on the modern age polemics regarding
the enactment of laws to legalize cryonics in some countries. This is
an area of medical jurisprudence that is still evolving; this accounts
for the dearth of relevant literature on this area of research.
Furthermore, section three ventures into the actual definition of death
based on different perspectives because this has proved to be a
controversial issue among the proponents and opponents of cryonics.
The fourth section extensively discusses the practice of cryonics
in Islamic medical jurisprudence. The paper concludes that the
practice of cryonics constitute an outright contravention of the
fundamental ethical and legal issues in Islamic medical jurisprudence
because death is as a phenomenon is a chain of events which is
considered as the beginning of an end. Speculative theories are
generally not given the force of law in Islamic jurisprudence.
An Insight into the Practice of Cryonics
Cryonics can be described as the study or practice of preserving a
dead body by cooling it immediately at an extremely low temperature
which is about the temperature of liquid nitrogen in the hope of
restoring it to life later with the help of future medical technological
advances. According to the Wikipedia Encyclopedia, cryonics can
 Islamic Perspective of Cryonics: A Critical Appraisal / 47

be simply described as “the low-temperature preservation of humans

and animals that can no longer be sustained by contemporary
medicine until resuscitation may be possible in the future.” 4 In most
cases, it is the brain that is immediately removed since it is the
quintessence of information and the data bank of the human body.
The process is known as human cryopreservation. The proliferation
of cryogenic research in medical practice in the modern world is
unprecedented. Despite the speculative nature of cryopreservation,
cryonics is still widely practiced. To this end, Omar Hasan Kasule
emphasized on the speculative nature of cryonics:
The whole practice of cryonics is based on a speculation that future
scientific discoveries will be able to reverse death. The practice of
cryonics is based on the hope that one day medical technology will be
able to reverse the death process so that the clinically dead can come
back to life.5
This speculative conjecture of certain medical experts has led to the
cryopreservation of 95 “patients” as at 1 of August 2009 at the
Cryonics Institute (CI) in Michigan.6
Monthly Cryonics Institute Statistics from May 2006
Date Members CRYO SA Patients Humandna PETS Petdna
1-Aug-09 810 380 72 95 157 63 36
1-Jul-09 803 378 70 93 157 61 32
1-Jun-09 797 371 70 93 157 60 31
1-May-09 794 368 69 92 154 58 31
1-Apr-09 790 364 65 91 154 58 31
1-Mar-09 785 357 63 91 152 58 30
1-Feb-09 779 354 60 91 148 58 28
1-Jan-09 768 354 61 91 146 57 28
1-Dec-08 766 349 59 91 146 57 28
1-Nov-08 767 347 56 90 146 57 28
1-Oct-08 762 346 56 90 146 56 27
1-Sep-08 757 339 54 90 141 56 26
1-Aug-08 755 331 53 90 140 56 24
1-Jul-08 746 334 50 90 138 56 24
1-Jun-08 736 330 49 87 135 53 24
1-May-08 727 327 50 87 135 52 24
1-Apr-08 721 326 49 87 132 52 21
1-Mar-08 718 324 47 86 132 52 21
1-Feb-08 718 321 45 85 129 52 21
1-Jan-08 710 318 42 85 127 50 20
Source: Cryonics Institute (CI) Member Statistics Details available at http://
www.cryonics.org/statistics_details.html)
48 / Umar A. Oseni

The above table shows the arithmetic progression in the number

of members, patients, cryos, pets, pet DNAs. The “MEMBERS”
generally describes CI membership of either animate option one or
option two. “CRYO” represents CI members with funding and
specific contracts for human cryopreservation who may be regarded
as prospective patients. A subcategory of “CRYO” is “SA” which
stands for the CI members having contracts with both CI and
Suspended Animation. In addition, “PATIENTS” represents human
patients in cryostat storage at the CI who are believed to be
resuscitatable though future medical advancements. “HUMAN DNA”
is the human tissue or DNA of CI members in cryostat storage, while
“PET DNA” represents the pet tissue or DNA of CI members’ Pets
in cryostat storage. Generally, “PETS” are pets of CI members in
cryostat storage at the CI.
It is interesting to observe that practitioners of cryonics do not
regard anybody dead; instead, they regard a person with cardio-
respiratory failure as a “patient” who is due for cryopreservation.
Ordinarily, in the general medical practice, anybody with cardio-
respiratory failure is declared dead. 7 However, “...contemporary
intensive care unit (ICU) medicine has complicated the issue of what
constitutes death in a life support environment. Not only is the
distinction between sapient life and prolongation of vital signs blurred
but the concept of death itself has been made more complex.” 8 The
polemics in the complex issues involved in the modern definition of
death will be addressed in a different part of the paper.
The procedure in cryonics is somehow complicated. It is
appropriate to give a brief mental description of the procedure adopted
in cryopreservation. Mark Hunting summarizes the process thus:
First, the patient is declared legally dead. The doctors then immediately
start to reduce the core body temperature to -5°C (roughly ice
temperature). Whilst the patient is cooled their fluids are drained and
replaced with a vitrifying fluid. This prevents the formation of ice crystals
at sub zero temperatures. Once vitrification is complete, the body
temperature is reduced by approximately 1°C per hour until it reaches
the final resting temperature of approximately -196°C. The body can
now be stored in a liquid nitrogen cooled vacuum for an extended period.9
In line with above procedure, four scientific justifications are
employed in explaining the concept of cryonics. As explained by
 Islamic Perspective of Cryonics: A Critical Appraisal / 49

Benjamin B. Best, the four concepts upon which the procedure is

based are:
1. Low temperature can slow metabolism;
2. Ice formation can be reduced or even eliminated by the use
of vitrification mixtures;
3. Legally dead does not mean “irreversibly dead”;
4. Damage associated with low temperature preservation and
clinical death that is not reversible today is theoretically
reversible in the future.10
Considering these four justifications, it is apt to observe that the
scientific issues involved like the issue of low temperature and the
use of vitrification may be outside the scope of this research. However,
the controversy on the reversal of the dead with scientific processes
raises further issues relating to being legally dead and biologically
dead.
The exact number of people on whom cryosurgery has been
performed through a process of cryopreservation is “closely guarded”.
However, it is believed that the total number of people frozen
worldwide is up to 500,000 as at 2008.11 This cryonic-hibernation of
the “patient” has been widely debated among medical and legal
experts from ethical, professional, cultural, religious and legal
perspectives. The countries with largest membership in the Cryonics
Institute are United States (569 members), United Kingdom (60
members), Australia (35 members), and Canada (31 members). The
chart below shows a pictorial illustration of the members of the
Cryonics Institute in four leading countries as at 1 March 2009.
The data mining in relation to the members of the CI was derived
from the Member Statistics Details on the CI webpage. However,
we only selected four leading countries and presented them in a chart
to show the current trend in cryonics. Since United States is the
domicile of the CI, the number of members of the CI is increasing in
a skyrocketing manner compared to other countries as presented in
the chart.
Polemics Over the Definition of Death
What constitutes death has generated series of controversies in the
wake of technological advancement in the biomedical field. 12 We
50 / Umar A. Oseni

Members of the Cryonics Institute on March 1, 2009 by Country

Source: Cryonics Institute (CI) Member Statistics Details available at http://

www.cryonics.org/statistics_details.html

shall analyse the definition of death from the legal, medical, and
Islamic perspectives. This will reveal the different dimensions of death
in the modern world. It is important to immediately indicate here
that though there are various definitions of death based on the different
understanding of the concept, there are two major definitions to be
appraised. The first is the traditional definition of death which is
described as ‘the irreversible cessation of the integrated functioning
of the organism as a whole’.13 This is the widely known form of
death which is simply determined by cardio-respiratory failure.
However, this definition of death has changed in modern times with
the issue of brain-death. Whether brain-death or brain-stem death
constitutes death has generated a lot of controversy. The Uniform
Determination Act (UDDA) of the United States has further
complicated this issue as observed:
The issue of determining death becomes further confused by the Uniform
Determination of Death Act (UDDA), which, ironically, was drafted
with the intent to clarify the issue. The UDDA guidelines declare that
either “irreversible cessation of circulatory functions” or “irreversible
cessation of the entire brain, including brain stem” constitutes death.
The guidelines do not elucidate how these two standards reflect the
same phenomenon; the wording suggests that there are two kinds of
death: brain and cardiac.14
Two different definitions were given in this Act, the first being the
traditional definition of death which is the same as the cardio-
 Islamic Perspective of Cryonics: A Critical Appraisal / 51

respiratory failure. The second definition focuses on the irreversible

cessation of the entire brain including the brain stem. It is clear that
there is no controversy regarding the first definition but a lot of
polemics have been raised over the validity or otherwise of the second
definition. Patients who have been declared brain-dead could be
revived or sustained by life-support systems. However, those who
have total cardio-respiratory failure cannot be supported by any
resuscitative technology. According to Abdulaziz Sachedina:
Traditionally Islamic jurisprudence defines death as complete
cessation of the heart or respiration. However, a further dimension
has been added to this formulation of death in view of the modern
medical technology that can intervene to prolong life through the
life-support system in the case where all functions of the brain have
ceased.15
Admittedly, there are various themes of death in the Qur’an and the
description of the nature of death in Sunnah but there is no actual
definition of death. The Qur’an and Sunnah are more concerned with
the description of the nature of death which gives a glimpse to the
traditional definition:16
Everyone is going to taste death, and we shall make a trial of You with
evil and with good, and to us You will be returned. 17
According to Islam, death occurs when the respiratory and circulatory
systems permanently cease. This is the traditional definition which
is considered as pragmatic even in the modern times. Based on this,
Muslim jurists consider cessation of heartbeat as a sufficient criterion
to determine a person to be legally dead in Islamic law.
The advocates of cryonics differentiate between clinical death
and terminal death. They consider the normal clinical death which
may be cardio-respiratory failure as mere temporary death that may
be reversed by future medical advances. So they claim that cryonics
does not involve denial of death or resurrection. This accounts for
the reason why they refer to a clinically dead person as “patient”
who can still undergo some medical procedures for an eventual
resuscitation. This line of thinking has been faulted by Muslim jurists
who maintain that the whole concept of cryonics is an utter denial of
death (nafyu al-mawt) and nafyu al-ba’ath) which automatically takes
someone out of the fold of Islam.18
52 / Umar A. Oseni

Cryonics in Islamic Medical Jurisprudence

The Islamic medical jurisprudence is basically governed by the
masādir al- sharī‘ah (sources of law) which are properly expounded
in the maqāsid al-sharī‘ah (purposes of the law) and qawā’id fiqhiyyat
(general principles of the law). In determining any novel issue, the
Muslim jurists will normally have recourse to these concepts which
are fundamentally premised on the legislative texts of the Qur’an
and Sunnah. Hence, the discussion on cryonics in Islamic
jurisprudence will be fundamentally based on the methodology laid
down and adopted by the Muslim jurists when faced with novel issues
particularly those relating to medical issues.
Against the above backdrop, the Islamic law position on the
respective issues involved in cryonics and cryopreservation will be
discussed in line with established legal principles as well as maxims
in Islamic jurisprudence. In other words, this section fundamentally
dilates on the procedure adopted by jurists in deducing the applicable
law (hukm) on cryonics in Islamic medical jurisprudence. Though
we shall not go into the details involved in the objectives of law and
the general principles of law in Islamic jurisprudence, efforts shall
be made to discuss only the relevant axiomatic principles.
Analytical Paradigm of Cryonics in Islamic Jurisprudence
A critical study of the masādir al-sharī‘ah19 clearly shows that
there is no direct precedent on the practice and consequent ruling
on cryonics and other incidental practices like cryopreservation.
The whole concept of cryonics is novel; this is the reason why
there are no direct legal precedents in the Qur’an and Sunnah. As a
result of this, it is necessary for Muslim jurists to come out with the
relevant ruling on novel issues as they come up. This accounts for
the ever-green and dynamic nature of Islamic law and its principal
sources.20
A new approach to the deduction of the applicable rules on
cryonics in Islamic medical jurisprudence is germane in the wake of
medical advances in the modern world. As earlier said, we shall adopt
the two major approaches in Islamic jurisprudence with a view to
reaching an acceptable conclusion on the actual position of Islamic
law on the plethora of issues surrounding the concept of cryonics.
 Islamic Perspective of Cryonics: A Critical Appraisal / 53

Application of the General Theories in Islamic Jurisprudence

The general theories of law in Islamic jurisprudence are:
1. Purposes of Law (maqāsid al-sharī‘ah)
2. Principles of Law (qawā’id fiqhiyyat)

Purposes of Law (maqāsid al-sharī‘ah)

The purposes of law in Islamic jurisprudence otherwise known as
maqāsid al-sharī‘ah are the ultimate goals of the law. They are
religion (din), life (nafs), intellect (‘aql), progeny (nasl), and wealth
(mal).21 The Sharī‘ah establishes and ultimately preserves these
necessities (darurat) for the benefit of mankind as a whole. They are
jealously preserved by the law for the individual and collective
welfare of mankind in his spiritual and temporal affairs. The Sharī‘ah
protects these necessities in two ways: first, by ensuring their
establishment (ibqā’), and second, by preserving (hifz) them. This
dual thrust of the maqāsid al-sharī‘ah, as discussed by Al-Ghazali,
is the hallmark of Islamic law.22
Flowing from our earlier discussion on the concept of cryonics,
each of the five purposes of the law will be examined to establish a
decisive nexus which will ultimately lead to a legal ruling based on
textual evidences from the Qur’an and Sunnah.
(a) Hifz al-Din: A cardinal purpose of law in Islamic jurisprudence
is the preservation of religion.23 To be a Muslim, one must
believe in Allah as the Giver of life and Cause of death within
the broad scope of unity of God, His prophets, angles of Allah
who carry out His commands with utmost complaisance, books
of Allah which contain the message on the ephemeral nature
of man’s sojourn on earth and the inevitability of death, and
life after death.24 Every Muslim must believe that life of this
world will come at end on an appointed day since death is
inescapable as already preordained. Therefore, the idea that
future medical advances will bring about the revival of a
human being contradicts the fundamentals of Islam. Death in
Islam is considered a final return of the human soul to its
Creator, as worldly life is regarded as a temporal period of
trial to determine one’s final destination in the hereafter. The
concept of death is derived in the Qur’an:
54 / Umar A. Oseni

Everyone is going to taste death, and we shall make a trial of You with
evil and with good, and to us You will be returned. 25
Though there is no general definition of death in Islam, the traditional
definition, which is cardio-respiratory failure of a human being, is
generally accepted in Islam. This is the widely accepted determination
of death.26 Any further step to refer to a dead person as being alive
and called “patient” for the purpose of future revival contradicts the
Islamic religious beliefs. The practice of cryonics violates the
prerogative of Allah of taking and giving life. Consequently, this
important purpose of preserving the religious beliefs makes cryonics
illegal in the eyes of the law.
(b) Hifz al-nafs: The preservation of life is a sacred duty of all
human beings. However, an important aspect of maqāsid
al-sharī‘ah is the establishment (ibqā’) and preservation
(hifz) of human life. 27 The relevant aspect here is the
establishment of human life. Allah is considered as the Sole
life giver and taker, and He has the prerogative at any time.
He has the ability of bringing man to life again after death
and no one has such power. Therefore, the idea that future
medical advances will bring about the revival of dead bodies,
which have been in the cryobanks for years, is antithetical
to the rule of establishment (ibqā’) of life which is the sole
prerogative of Allah. No medical advances in the future can
revive a clinically dead person because death is the beginning
of another sojourn.
(c) Hifz al-‘aql: The purpose of preservation of one’s intellect
from fictitious beliefs of modern science is an important
objective of Islamic law.28 The idea that the brain contains
important information, and that it is important to protect the
data contained in it through cryopreservation is a fallacy.
This illogical error in the argument of the proponents of
cryonics needs to be corrected by Muslim jurists by coming
out with reasoned legal verdicts to guide people. This will
protect the intellect of the people and stimulate their mental
alertness in issues like this. In essence, the general idea of
cryonics may classically condition the minds of many who
will prefer to be cryo-preserved after death as a result of the
negative stereotype of the cryonics advocates.
 Islamic Perspective of Cryonics: A Critical Appraisal / 55

(d) Hifz al-nasl: The practice of cryonics may lead to the

indirect violation of preservation of one’s progeny. The
Lawgiver has established this purpose of law through
marriage and preserved it with strict punishment for
adultery and fornication. 29 Ecological balance is a
recognised principle in Islam, and Allah has created ways
of effecting such balance through the eschatological facet
of human life. The Lawgiver has created life and death and
made rules to regulate the entire existence of man on earth
in preparation for the next. The purpose of preservation of
progeny is to ensure continuation of life. Life cannot be
continued through artificial means like cryopreservation.
The concept of cryonics tends to advocate for the immortal
nature of human beings. The preservation of progeny or
family lineage cannot be guaranteed by cryopreservation
but through marriage.
(e) Hifz al-māl: The need for the preservation of wealth is
paramount considering the vital position of the economic
system in an Islamic state. 30 The enormous cost involved
in cryopreservation is startling when one juxtaposes the
gesture with the need to take care of the widow, orphans
and other family dependants left behind by the deceased.
As an illustration, there are two types of membership in
cryopreservation provided by the Cryonics Institute (CI).
One can choose from the two options which consist of
Lifetime CI Membership and Yearly CI Membership.
According to the current rates, the cost of cryopreservation
for Lifetime Membership is $28,000 while that of Yearly
Membership is $35,000. This is different from the
membership fees which is $1,250 paid once, and $120 paid
yearly for Lifetime and Yearly Memberships respectively. 31
Wasting such exorbitant amount of money for non-
beneficial purposes will amount to waste of resources which
would have been channelled towards poverty alleviation
in the community. Hence, the colossal resources being
wasted on cryopreservation violates the objective of Islamic
law which tends to preserve both the individual and
communal wealth.
56 / Umar A. Oseni

Principles of Law (qawā’id fiqhiyyat)

In Islamic jurisprudence, five axiomatic principles are generally
recognized by Muslim jurists. The five principles deal with qasd
(motive), yaqin (certainty), darar (injury), mashaqqah (hardship),
and adat (custom). The maqāsid al-sharī‘ah relates directly to these
principles. Each of these principles has a group of maxims in form
of legal rulings that share a common derivation from qiyās. We shall
only apply the relevant axiomatic principles to consider the legality
or otherwise of cryonics.
The first principle is qasd which can be invoked thus: the
intention behind cryopreservation gives the idea that man is immortal
since future medical advances may be able to bring him back to life.
Since actions are judged by the accompanying intention, al-‘umur bi
maqasidiha, the practice of cryonics violates the religious belief of
mortality of man. The law does not permit a person or a medical
scientist to either engage in cryopreservation nor allows a person to
seek for it since according to another relevant maxim, whatever is
declared illegal to do is invariably forbidden to seek, ma haruma
fi’iluhu haruma talabuhu. Since cryonics is carried out through a
process of cryopreservation, one may be lured to believe that it is a
form of preservation which may benefit man. Whatever name the
advocates of cryonics call it, it does not matter. The fact remains that
it is believed that future medical advances will be able to revive the
“patient”. So, the law will only consider the intention behind the
practice and ignores terminology used in describing the act, al-‘ibrat
fi al-mawasid wa al-ma’ani wa laisa li al-alfaz wa al-maba‘ani.
Second, the principle of certainty (yaqin) may also be invoked
in certain situations when analysing the concept of cryonics in Islamic
jurisprudence. The maxim stipulates that a certainty cannot be voided,
changed or modified by an uncertainty. This maxim runs through
the whole fabric of Islamic law. It forms the basis of the legal ruling
in most issues in Islamic jurisprudence. 32 The Muslim jurists
unanimously agree on this maxim but they differ on its actual
application in issues. Ibn al-Qayyim made the following observation
on this legal maxim:
Definitely, doubt cannot overturn an established known basis. And
certainty cannot be overruled except by a stronger certainty or a similar
one.33
 Islamic Perspective of Cryonics: A Critical Appraisal / 57

Hence, conjectures about future medical advances cannot overturn

the generally acceptable extent of medical treatment and care in the
modern world. In addition, of all the known definitions of death, the
only generally acceptable one is that of cardio-respiratory failure
which is known to be irreversible. This is certain and there is no
other unanimously acceptable definition of death apart from this
traditional one. In essence, this traditional definition subsists until
another unanimous one is adopted. This is justified by the maxim
that validates existing assertions which should continue to be in force
until there is compelling evidence to change them, al-asal baqau ma
kaan ala ma kaana. Therefore, cryonics is diametrically opposed to
this principle of certainty because it is tainted with elements of
speculative conjectures. So, the practice of cryonics is illegal in the
eyes of the law.
Third, the need to remove injury (darar) is a cardinal principle in
Islamic jurisprudence. The family of a deceased person who are legal
heirs should not be deprived of their legal entitlements through the
exorbitant, outrageous and extortionate cost of cryopreservation. This
will definitely cause injury to the legal heirs and other family dependants
of the deceased if all his estate is wasted on cryopreservation. The
provision of the law is that injury must be mitigated by all means in all
situations, al-darar yudfau qadira al imkaan.
Fourth, the principle of hardship (mashaqqah) is related to that
of injury earlier explained in relation to the cost of cryopreservation.
The hardship to be occasioned by cryopreservation on the part of the
family will be very devastating. However, the principle of hardship
indicates that al-mashaqqa tajlibu al-taysir, that is, hardship
necessitates relaxing the law. A dead body does not face a hardship
that requires cryopreservation. The hardship it will create will be in
form of harm to other living beings if the corpse is not buried on
time following the religious burial rites (janazah). So, in this case,
one has to be careful to invoke this legal maxim because there is no
necessity that warranties the relaxation of the law.
Fifth, the principle of custom (adat) is one of the most important
and relevant principles when discussing the legality of cryonics. 34
The maxim indicates that custom has the force of law, al-adat
muhakkamat.35 The first thing to be considered here is the definition
of adat. As a juristic term, adat is described as al-‘ibrat li al ghaalib
58 / Umar A. Oseni

al-shaiu la al-naadir which connotes what is uniform, wide-spread

and predominant in a society which is not rare. 36 Adat or custom is
recognized as a valid source of law on which legal rulings are based
within the ambit of recognized and generally acceptable practice. In
relation to the subject matter of our discourse, the traditional definition
of death which is recognized by all customs predominant in our
societies is cardio-respiratory failure. This has been the generally
accepted definition.
According to Al-Sarkhasi in Al-Mabsut, whatever has been
validly established by ‘urf (custom) is like a legal ruling in the legal
text (nass).37 Any recent definition to the contrary which has no valid
basis even within the field of medical sciences cannot overturn the
age-long definition of death. Therefore, the widely accepted definition
of death remains based on custom and precedent. Another dimension
of cryonics in relation to custom as a source of law is the age-long
tradition of burying a corpse immediately after all the religious rites
have been performed. This has been the practice from time
immemorial in most communities all over the world even before the
advent of Islam. Islam came to prescribe ways of handling a dead
body with the prescription of specific rites that must be performed
when a person dies. The final rite is burying the corpse which is both
a religious duty on the Muslims and an age-long tradition of many
communities across the world.
The combined effect of both the maqāsid al-sharī‘ah and qawā’id
fiqhiyyat brings us to the conclusion that the practice of cryonics is
illegal in Islamic medical jurisprudence as it violates fundamental
objectives of the law. Such practices must be outlawed in both Muslim
and non-Muslim countries across the world because it violates the
principle of sanctity of a corpse. The Creator has placed human beings
in a very high pedestal among all other creations:
And indeed we have honoured the Children of Adam, and we have
carried them on land and sea, and have provided them with At-Taiyibât
(Lawful good things), and have preferred them above many of those
whom we have created with a marked preference. 38

Conclusion
From the foregoing discussion, the ethico-legal analysis of cryonics
in Islamic jurisprudence has unraveled the latest advancement in
 Islamic Perspective of Cryonics: A Critical Appraisal / 59

medical and biological sciences. The practice of cryonics is gradually

taking a very comfortable position in the global medical practice as
it is being recognized in some developed countries. Muslims should
never be brainwashed. They must classically-condition our minds
towards the provisions of the Qur’an, Sunnah and processes
recognized in Islamic jurisprudence in deducing the applicable ruling
on any novel issue rather than being carried away by the so-called
medical advances.
As we have clearly indicated, the whole concept of cryonics
violates the fundamentals of Islam. It is a total denial of death and
resurrection. It also violates the purposes or objectives of Islamic
law because it is shrouded in speculative conjectures. It is important
for Muslim researchers to constantly carry out research works on
some of these contemporary issues to guide the Muslim communities
particularly those in the developed world. This research is not
exhaustive as it is intended to serve as a springboard for other research
works in the field of Islamic medical jurisprudence.
Notes
1. For more on a comparative perspective on Euthanasia and the attendant
controversies, see Umar A. Oseni, “Euthanasia: The Medico-legal and
Islamic Viewpoints”, in At-Tabib, a Medical Journal of the Association
of Muslim Health Science Students, College of Medicine, University
of Ilorin. (2004), vol. 1, No. 8.
2. Robert C.W. Ettinger, The Prospect of Immortality, 1st Ed. Doubleday,
1962. http://www.cryonics.org/book1.html.
3. Franklin, Benjamin (1773). Letter to Jacques Duborg. Nanotechnology,
Molecular Manufacturing, and Productive Nanosystems. http://www.e-
drexler.com/d/06/00/EOC/EOC_Chapter_9.html. Retrieved on 2009-
06-1. The following is an excerpt from the letter written by Benjamin
Franklin in April 1773 to Jacques Dubourg: “Your observations on
the causes of death, and the experiments which you propose for recalling
to life those who appear to be killed by lightning, demonstrate equally
your sagacity and your humanity. It appears that the doctrine of life
and death in general is yet but little understood...
I wish it were possible... to invent a method of embalming drowned
persons, in such a manner that they might be recalled to life at any
period, however distant; for having a very ardent desire to see and
observe the state of America a hundred years hence, I should prefer to
an ordinary death, being immersed with a few friends in a cask of
60 / Umar A. Oseni

Madeira, until that time, then to be recalled to life by the solar warmth
of my dear country! But... in all probability, we live in a century too
little advanced, and too near the infancy of science, to see such an art
brought in our time to its perfection...”
4. “Cryonics”, Wikipedia: The Free Encyclopedia, available at http://
en.wikipedia.org/wiki/Cryonics.
5. Omar Hasan Kasule, “Medical Ethico-Legal-Fiqhi Issues: An Islamic
Perspective”, paper presented at a Seminar at the Faculty of Medicine
Universitas Muhammadiyah Makassar, February 2009, p. 19.
6. Brian Wright, Book Review: The Prospect of Immortality, by Robert
C.W. Ettinger. Retrieved from http://www.brianrwright.com/
Coffee_Coaster/03_Book_Reviews/2007/Books_PDF/
070926_ProspectImmortality.pdf
7. The definition of death in line with current trends will be given a close
consideration below.
8. Leslie Whetstine, et al., “Pro/con ethics debate: When is dead really
dead?”, Critical Care 2005, 9: 538.
9. Mark Hunting, “Cryonics: Public Debate Gone Cold?” The Triple Helix
Michaelmas 2008, p. 26.
10. Benjamin P. Best, “Scientific Justification of Cryonics Practice”,
Rejuvenation Research, vol. 11, No. 2, 2008, available at http://
www.ncbi.nlm.nih.gov/pubmed/18321197 and http://
www.liebertonline.com/doi/abs/10.1089/rej.2008.0661
11. Ibid.
12. See generally, Thomas Brante and Margareta Hallberg, “Brain or Heart?
The Controversy over the concept of death”, Social Studies of Science,
Vol. 21, No. 3, 389-413 (1991). Also see, Douglas N. Walton, On
Defining Death. An Analytic Study of the Concept of Death in
Philosophy and Medical Ethics, McGiU-Queen’s University Press,
Montreal, 1979.
13. Bernay J. L., Culver C. M., Gert B., “On the Definition Criteria of
Death”, 94 Ann Intern Med (1981), pp. 389-394.
14. Bernat JL, D’Alessandro AM, Port FK, Bleck TP, Heard SO, Medina
J, Rosenbaum SH, DeVita MA, Gaston RS, Merion RM, et al.: Report
of a national conference on donation after cardiac death. Am J
Transplant 2006, 6: 281-91.
15. Abdulaziz Sachedina, “Brain Death in Islamic Jurisprudence”, available
at http://www.people.virginia.edu/~aas/article/article6.htm Retrieved
8th July 2009.
 Islamic Perspective of Cryonics: A Critical Appraisal / 61

16. The nature of death (mawt) has been described in different Qur’an in a
number of verses.
17. Qur’an 21: 35.
18. Omar Hasan Kasule, n. 5 at p. 19.
19. See generally, Hasanayn Mahmud Hasanayn, Masadir al-Tashri‘ al-
Islami, Kuwait: Dar al-Qalam, 1407/1987.
20. Nothing has been left uncovered in the sources of Islamic law as clearly
stated by Allah in Qur’an 6: 38: “…We have neglected nothing In the
Book…,” The Qur’an is the ru‘ūs al-ahkām, which contains the general
law and religion. Its content requires a great deal of elaboration which
is always provided by the Sunnah, Ijma‘ and Qiyās. See Muhammad
Abū Zahra, Usūl al-Fiqh. Cairo: Dār al-Fikr al-‘Arabī, 1377/1958, p.
70. Also see, Mohammad Hashim Kamali, Principles of Islamic
Jurisprudence. United Kingdom: The Islamic Texts Society, 2003, p.
38.
21. Imrān A.H. Nyazee, Islamic Jurisprudence. (New Delhi-2: Adam
Publishers & Distributors, 2006), 202.
22. See Al-Ghazali, Abu Hamid, Jawahir al-Qur’ān, (Beirut: Dar Ihya’ al-
‘Ulum, 1985), 32–35.
23. See Yusuf Hamid ‘Alim, Al-Maqasid al-‘Ammah li al-Shari‘ah al-
Islamiyyah, Virginia: IIIT, 1412/1991, pp. 203-226.
24. See generally, S. Abul A‘la Maududi, Fundamentals of Islam, 6th Ed.
Lahore, Pakistan: Islamic Publications Limited, 1982.
25. Qur’an 21: 35.
26. We may not delve into the arena of controversy on the issue whether
brain-death constitute “death” in Islamic jurisprudence. There has been
a lot of arguments on this particularly among modern Muslim jurists
while discussing Euthanasia and the use of life support system when a
patient is placed under a Persistent Vegetative State (PVS). It suffices
here to adopt the traditional medical definition of death which has been
the criterion to determine whether a person is dead or not, i.e. cardio-
respiratory failure.
27. See Yusuf Hamid ‘Alim, n. 23 at pp. 271-297.
28. Id, pp. 325-350.
29. Id, pp. 239-445.
30. Id, pp. 467-548.
31. See “Becoming a Member: the FAQ”, Cryonics Institute, at http://
www.cryonics.org/become.html Retrieved 8th July 2009.
62 / Umar A. Oseni

32. Al-Jaza’iri, Abu ‘Abdur-Rahman ‘Abdul-Majid Jumu‘ah, Al-Qawa’id

al-Fiqhiyyah. (Saudi Arabia: Dar Ibn al-Qayyim, 1421 AH/2001 CE),
272–273.
33. Id. pp. 273.
34. Muhammad ‘Uthman Shabir, Al-Qawa’id al-Kuliyyah wa Dawabit al-
Fiqhiyyah, Amman, Jordan: Dar al-Furqan, 1420/2000, p. 229.
35. See Muhammad Bakr Isma‘il, Al-Qawa’id al-Fiqhiyyah Bayna Al-
Asalah wa al-Tawjih, Cairo: Dar al-Manar, 1417/1997, p. 151.
36. Id. p. 230.
37. Muhammad Abu Zahra, Usul al-Fiqh, Cairo: Dar al-Fikr al-‘Arabi,
1417/1997, p. 231.
38. Qur’an, 17:70.

References
Abdulaziz Sachedina, “Brain Death in Islamic Jurisprudence”, available at
http://www.people.virginia.edu/~aas/article/article6.htm. (Retrieved
8th July 2009).
Al-Ghazali, Abu Hamid, Jawahir al-Qur’ān, (Beirut: Dar Ihya’ al-‘Ulum,
1985).
Al-Jaza’iri, Abu ‘Abdur-Rahman ‘Abdul-Majid Jumu‘ah, Al-Qawa’id al-
Fiqhiyyah, (Saudi Arabia: Dar Ibn al-Qayyim, 1421 AH/2001 CE).
“Becoming a Member: the FAQ”, Cryonics Institute, at http://
www.cryonics.org/become.html. (Retrieved 8th July 2009).
Benjamin Franklin (1773), Letter to Jacques Duborg. Nanotechnology,
Molecular Manufacturing, and Productive Nanosystems. http://www.e-
drexler.com/d/06/00/EOC/EOC_Chapter_9.html. (Retrieved 1st June
2009).
Benjamin P. Best, (2008), “Scientific Justification of Cryonics Practice”,
Rejuvenation Research, Vol. 11, No. 2, available at http://
www.ncbi.nlm.nih.gov/pubmed/18321197 and http://
www.liebertonline.com/doi/abs/10.1089/rej.2008.0661
Bernat J. L., D’Alessandro A. M., Port F. K., Bleck T. P., Heard S. O.,
Medina J., Rosenbaum S. H., DeVita M. A., Gaston R. S., Merion R.
M., et al.: “Report of a National Conference on Donation after Cardiac
Death”, Am J. Transplant 2006, 6: 281-91.
Bernay J. L., Culver C. M., Gert B. (1981), “On the Definition Criteria of
Death”, 94 Ann Intern Med, pp. 389-394.
Brian Wright, Book Review: The Prospect of Immortality, by Robert C.W.
 Islamic Perspective of Cryonics: A Critical Appraisal / 63

Ettinger. Retrieved from http://www.brianrwright.com/Coffee_Coaster/

03_Book_Reviews/2007/Books_PDF/070926_ProspectImmortality.pdf
“Cryonics”, Wikipedia: The Free Encyclopedia, available at: http://
en.wikipedia.org/wiki/Cryonics
Douglas N. Walton (1979), On Defining Death. An Analytic Study of the
Concept of Death in Philosophy and Medical Ethics, McGiU-Queen’s
University Press, Montreal.
Hasanayn Mahmud Hasanayn, Masadir al-Tashri ‘al-Islami, (Kuwait: Dar
al-Qalam, 1407/1987).
Imrān A. H. Nyazee, Islamic Jurisprudence. (New Delhi: Adam Publishers
& Distributors, 2006).
Leslie Whetstine et al., “Pro/con ethics debate: When is dead really dead?”,
Critical Care 2005, 9: 538.
Mark Hunting (2008), “Cryonics: Public Debate Gone Cold?” The Triple
Helix Michaelmas.
Mohammad Hashim Kamali (2003), Principles of Islamic Jurisprudence.
(United Kingdom: The Islamic Texts Society).
Muhammad ‘Uthman Shabir, Al-Qawa’id al-Kuliyyah wa Dawabit al-
Fiqhiyyah, (Amman, Jordan: Dar al-Furqan, 1420/2000).
Muhammad Abu Zahra, Usul al-Fiqh, (Cairo: Dar al-Fikr al-‘Arabi, 1417/
1997).
Muhammad Abū Zahra, Usūl al-Fiqh. (Cairo: Dār al-Fikr al-‘Arabī, 1377/
1958).
Muhammad Bakr Isma‘il, Al-Qawa’id al-Fiqhiyyah Bayna Al-Asalah wa
al-Tawjih, (Cairo: Dar al-Manar, 1417/1997).
Omar Hasan Kasule Sr, “Medical Ethico-Legal-Fiqhi Issues: An Islamic
Perspective”, paper presented at a Seminar at the Faculty of Medicine
Universitas Muhammadiyah Makassar, February 2009.
Robert C.W. Ettinger, The Prospect of Immortality, 1st Ed. Doubleday, 1962.
http://www.cryonics.org/book1.html (Retrieved 1st July 2009).
S. Abul A‘la Maududi, Fundamentals of Islam, 6th Ed. (Lahore: Islamic
Publications Limited, 1982).
Thomas Brante and Margareta Hallberg, “Brain or Heart? The Controversy
over the Concept of Death”, Social Studies of Science, Vol. 21, No. 3,
389-413 (1991).
Umar A. Oseni, “Euthanasia: The Medico-legal and Islamic Viewpoints”,
in At-Tabib,. (2004), vol. 1, No. 8.
Yusuf Hamid ‘Alim, Al-Maqasid al-‘Ammah li al-Shari‘ah al-Islamiyyah,
(Virginia: IIIT, 1412/1991).