Organ donation and blood transfusion

http://www.askimam.org/public/question_detail/23340

What are the Islamic rulings of donor organs?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Kindly refer to the following answer on organ donation issued by Mufti Ehzaaz Ajmeri.

And Allah Ta’āla Knows Best                                        

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Allah Ta’ala has made the human being the best of the creations and has granted him a lofty status. In relations to this honor, Allah Ta’ala has made it impermissible to derive any type of benefit from human parts, even if it does not cause any harm to the donor. Allama Burhan al-Din Ali bin Abi Bakr al-Marghinani in his famous treatise Al-Hidayasays:

وشعر الإنسان وعظمه طاهر وقال الشافعي نجس لأنه لا ينتفع به ولا يجوز بيعه ولنا أن عدم الانتفاع والبيع لكرامته فلا يدل على نجاسته والله أعلم (الهداية)

And human hair and bones are pure. Imam Shaf’i says [it is] impure, since benefit cannot be derived from it and it cannot be sold. Our view is that the impermissible of deriving benefit is due to it being sacred; therefore this does not give proof for it being impure. And Allah Knows Best.

Hereunder is a summarized version of Mufti Shafi’s (ra) kitab on organ transplant by Hadrat Mawlana Yusuf Ludyanwi (ra).

At the outset a few fundamental principles of Shari’a should be understood.

1.    Whatever is unlawful in Shari’a is harmful to mankind, regardless of how beneficial it may seem. This harm could be physical and spiritual. At times this harm is as clear as daylight to everyone. At times it is only apparent to the experts in the field, and at times it is so hidden that only Allah is aware of its harms. 

2.    Allah Ta’ala has bestowed mankind with the highest status from all His creations and has made mankind superior over all others. The entire universe is made subservient to man in which man uses what is lawful for his nourishment and well being. Under certain circumstances, unlawful entities also become lawful. Also, due to this status and sanctity bestowed to man by Allah, it is also unlawful to derive any benefit from any part or limb of man.

3.    The life bestowed to man is a Divine loan. To harm it or destroy it is a grave sin. Therefore, it is essential to uphold this trust and look after it. It is for this reason that it is necessary to adopt methods and treatments in which one’s life can be saved. 
For the maintenance of health, the laws of Shari’a also become flexible and lenient. That is why we find leeway in wudu, prayer, fasting, etc for the sick. In fact, in order to save one’s life, a Muslim will be excused to utter words of kufr. Similarly, if a person is at the throws of death due to hunger and the only food available is pork and wine, he will be excused to consume the pork and wine to the extent that it saves his life.

How does one determine whether a situation falls under ‘necessity’?

Allama Hamawi (ra) in his commentary on al-Ashbah wa al-Naza’ir classifies five levels of necessity and some of their rulings.

1.    Darurah – A person reaches such a state that if he does not indulge in an unlawful act, he will die or reach close to death. This state makes unlawful things lawful.

2.    Hajah –A person reaches such a state that he will not die, but will experience extreme difficulty. It will not make unlawful entities lawful, but it will create leniency in aspects of purity, prayer, fasting, etc. For example, a person is in the state of such hunger that if he does not get something to eat, he will not die, but he will be in great difficulty. This stage does not make an unlawful thing lawful, but it gives leeway for a person not to fast.

3.    Manf’ah – To be of benefit. For example a person desiring wheat bread, mutton, and fatty dishes.

4.    Zeenah – Luxuries. For example a person desiring sweet dishes and sugar.

5.    Fudool – Extravagance. For example expansion in eating unlawful foods and doubtful.

فالضرورة: بلوغه حدا إن لم يتناول الممنوع ،هلك أو قارب، وهذا يبيح تناول الحرام     الحاجة: كالجائع الذى لو لم يجد ما يأكله لم يهلك غير أنه يكون فى جهد ومشقة، وهذا لا يبيح الحرام، ويبيح الفطر فى الصوم     المنقعة: كالذى يشتهى خبز البر ولحم الغنم والطعام الدسم     الزينة: كالمشتهى بحلوى والسكر     الفضول: التوسع بأكل الحرام والشبهة (شرح الحموى على الاشباه والنظائر 1:252 ادارة القران والعلوم الاسلاميه)

It should be kept in mind that in Durrah in the field of medicine will only be taken into consideration with the following three conditions.

1.    This patient is really sick to the extent that his life is in danger.

2.    The fear of losing the life is not just an assumption, but a reliable doctor affirms it, and treatment is not available with lawful substances.

3.    The doctor has conviction that the sickness will be cured through the unlawful substance.

However, there are some situations wherein the unlawful entity will remain unlawful, e.g. to kill another human to save one’s life. Shari’a has given equal rights to each human being and one’s life will not be preferred over the other.

As for Hajah (in a case where the sick person is in great difficulty but it is not life threatening), there is a difference of opinion on the issue whether unlawful substance can be used. The majority of Jurist say it is permissible when the above three conditions are met.

Aap kay masa’il aur un ka hal (9:167) Maktaba Ludhyanwi

The Jurists have taken into consideration situations of dire need, hence the famous principle of Fiqh:

الضرورات تبيح المحظورات

Necessities permit the prohibited.

And

المشقة تجلب التييسر

Difficulties bring easiness.

It is from the above principles, the Jurist have stated that haram entities become permissible when there is a dire need. Ibn Abidin writes:

مطلب في التداوي بالمحرم ( قوله ورده في البدائع إلخ ) قدمنا في البيع الفاسد عند قوله ولبن امرأة أن صاحب الخانية والنهاية اختارا جوازه إن علم أن فيه شفاء ولم يجد دواء غيره قال في النهاية : وفي التهذيب يجوز للعليل شرب البول والدم والميتة للتداوي إذا أخبره طبيب مسلم أن فيه شفاءه ولم يجد من المباح ما يقوم مقامه ، وإن قال الطبيب يتعجل شفاؤك به فيه وجهان ، وهل يجوز شرب العليل من الخمر للتداوي فيه وجهان ، وكذا ذكره الإمام التمرتاشي وكذا في الذخيرة وما قيل إن الاستشفاء بالحرام حرام غير مجرى على إطلاقه وأن الاستشفاء بالحرام إنما لا يجوز إذا لم يعلم أن فيه شفاء أما إن علم وليس له دواء غيره يجوز ومعنى قول ابن مسعود رضي الله عنه لم يجعل شفاؤكم فيما حرم عليكم يحتمل أن يكون قال ذلك في داء عرف له دواء غير المحرم لأنه حينئذ يستغني بالحلال عن الحرام ويجوز أن يقال تنكشف الحرمة عند الحاجة فلا يكون الشفاء بالحرام وإنما يكون بالحلال ا هـ

Some Jurists have taken into consideration various medical circumstances and have given many leeways in the time of dire need.

In the medical field, techniques have been refined and the human body is treated with much respect during surgical procedures. Organs transplant is no longer considered desecration, neither by the medical experts nor by laymen. Mufti Kifayatullah writes, “This doubt that it is unlawful to derive benefit from human parts should not remain, because it is unlawful in situations in which there is desecration of a human. In situations where there is no desecration of a human, it will be permissible. (Kifayat al-Mufti 9/143 Maktaba Haqaniyya)

In the view of the above, our humble opinion is that if a person is in a life threatening situation in which he is in need of an organ transplantation and there happens to be a organ such as kidney, lever, etc available, it will be permissible for him to accept the organ.

Nevertheless, it will not be permissible for him to donate his organs upon his death, as he is not the owner of his body and cannot do as he wishes with his body. Being able to accept an unlawful entity in time of dire need does necessitate that to donate organs is permissible. Take for example the issue of a person dying due to hunger and thirst and does not have any lawful food available to him. Shari’a has permitted for him to consume pork and wine to the extent that his life may be saved. That does not mean it will be permissible for Muslims to sell pork and wine for this reason.

Here under is the resolution of the International Islamic Fiqh Academy (al-Majma al-Fiqhi al-Islami) which took place in 28 of Rabi’ al-Thani, Jamadi al-Ula 1405.

It is permissible to take an organ from a living individual and place it in another individual who is in need of the organ to save his life or to bring into use a limb which is from the necessary limbs of human. This is not considered as desecration in relation to the person donating the organ. It is considered as helping and aiding another in time of need, which is praiseworthy action. It will be permissible with the following conditions:

1.    The donor’s life is not endangered by donating the organ, as it is the principle of Shari’a that for ridding a harm, another harm which is equal or greater will not be undertaken. Also do donate a vital organ is equates to destroying one’s life, which is prohibited.

2.    The donor gives the organ from his free will without any pressure put on him.

3.    The sickness is such that the only way for cure is through organ transplantation.

4.    There is a high probability for cure through organ transplantation.

(Taken from the Urdu translation ‘Fiqhi Faslay’ p. 157)

2. Blood, once removed from the body, is also impure and due to it being part of the human body, it also has the same honor as the rest of the human body parts. However, blood is regenerating, unlike the organs. An analogy of blood can be made with breast milk. The Jurists have ruled that it is permissible to use breast milk for medical purposes when there is a high probability of cure.

Al-Fatawa al-Hindiyya (5/355) Maktaba Rashidiyya

ولا بأس بأن يسعط الرجل بلبن المرأة ويشربه للدواء وفي شرب لبن المرأة للبالغ من غير ضرورة اختلاف المتأخرين كذا في القنية .

If a person’s condition is such that if he does not receive blood, his life is in danger or his health will deteriorate; then in such cases it will be permissible for the sick to accept blood and for a person to donate blood for the sick.

Al-Fatawa al-Hindiyya (5/355) Maktaba Rashidiyya

يجوز للعليل شرب الدم والبول وأكل الميتة للتداوي إذا أخبره طبيب مسلم أن شفاءه فيه ولم يجد من المباح ما يقوم مقامه وإن قال الطبيب يتعجل شفاؤك فيه وجهان .

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai



http://www.central-mosque.com/index.php/General-Fiqh/islam-organ-donation.html

Islam & Organ Donation

Shaykh (Mufti) Muhammad ibn Adam al-Kawthari (HA)

Q) Is organ transplantation permissible?

In the name of Allah, Most Compassionate, Most Merciful,

The issue of organ transplantation has been a matter of great debate amongst the great contemporary scholars from around the globe. It has been discussed in various fiqh seminars, and many short and detailed works have be compiled on the subject.

The majority of the Indo/Pak scholars are of the view that organ transplant is not permissible, while, many Arab scholars and some scholars of the Indian subcontinent give its permission under certain conditions, (details of these conditions will be mentioned further along). No one has given a general unconditional permission for the transplantation of organs.

It must be remarked here that this issue is contemporary and obviously it is impossible for us to find express rulings concerning it in the classical works. As such, the views of the contemporary scholars are based upon the general and broad guidelines of Shariah. It is obvious that this will result in difference of opinion, thus no one opinion should be condemned, as the intention of all the scholars is to please Allah, and live a life that is in accordance with Shariah.

The view of impermissibility

As mentioned earlier, the majority of the Indo/Pak scholars hold the view that organ transplantation can not be deemed permissible due to the harms and ill effects of it overcoming the potential benefits

There view is based on the following grounds:

1The first and foremost is that Allah Almighty has honoured the human.

Allah Most High says:

“And verily we have honoured the children of Adam.” (Surah al-Isra, V.70)

As such, it is a well-established principle of Shariah that all the organs of a human body, whether one is a Muslim or a non-Muslim, are sacred and must not be tampered with. To take benefit from any part of a human is unlawful (haram).

Allah Almighty made humans the best of creations and created everything for their benefit. Allah Most High Says:

“It is He, who has created for you all things that are on earth.” (Surah al-Baqarah, 2.29)

Thus, it is permissible for a human to take benefit from every creation of Allah which includes animals (under certain conditions), plants and inanimate things. As such, it would be unreasonable to place humans in the same category of the above things by giving permission to use parts and derive benefit out of their body that necessitates cutting, chopping and amputating parts of the body. This is certainly unreasonable and unlawful on a human body.

A very famous Hadith prevents the usage of human parts. Sayyida Asma bint Abi Bakr (Allah be pleased with her) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Allah’s curse is on a woman who wears false hair (of humans) or arranges it for others.” (Sahih Muslim, no. 2122)

Imam al-Nawawi (Allah have mercy on him) writes in the explanation of this Hadith:

“If human hair is used, then it is unlawful by consensus, whether it’s the hair of a man or woman, because of the general narrations that prohibit this. And also, it is unlawful to take benefit from the hair and all other organs of a human body due to its sanctity. The hair of a human, along with all its body-parts must be buried.” (Commentary of Sahih Muslim by Nawawi, p. 1600)

The Jurists (fuqaha) have stated that in the case of extreme necessity and when there is no alternative available, even unlawful things, such as pork and alcohol, become permissible. However, even in such a situation, consuming or deriving benefit from a human body still remains unlawful.

It is stated in al-Fatawa al-Hindiyya:

“If a person feared death due to hunger and another person said to him: “Cut off my hand and consume it” or he said: “Cut a part of me and eat it”, it will be unlawful for him to do so. Similarly, it is impermissible for a desperate person to cut part of his own self and eat it.” (al-Fatawa al-Hindiyya, 5/310)

Allama Ibn Abidin (Allah have mercy on him) explains:

“…Because the flesh of a human remains unlawful even in forceful and compelling situations.” (Radd al-Muhtar, 5/215)

Imam Ibn Nujaym (Allah have mercy on him) states:

“It is impermissible for the one who is dying out of hunger to consume the food of another person who is also dying out of hunger; neither will it be permissible to consume any part of the other person’s body.” (al-Ashbah wa al-Naza’ir, p. 124)

The Fuqaha have also stated that if one was compelled by force to kill another human, it will not be permissible, even if his own life was in danger. (See: al-Kasani, Bada’i al-Sana’i, 7/177 & Ibn Qudama, al-Mugni, 9/331)

Imam al-Marghinani (Allah have mercy on him) states regarding the sanctity of a human:

“It is unlawful to sell the hair of a human, as it is (unlawful) to derive benefit out of it, for a human is honoured and sacred, and it is not permissible to disgrace any part of a human’s body.” (al-Hidaya 4.39)

A human body is sacred even after his/her death. The Messenger of Allah (Allah bless him & give him peace) said:

“Breaking the bone of a dead person is similar (in sin) to breaking the bone of a living person.” (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad)

The great Hanafi jurist and Hadith Imam, Abu Ja’far al-Tahawi (Allah have mercy on him) writes in the explanation of this Hadith:

“This Hadith shows that the bone of a dead person has the same sanctity and honour as the bone of living person.” (Mushkil al-Athar)

In another Hadith it is stated:

“Harming a believer after his death is similar to harming him in his life.” (Musannaf of Ibn Abi Shayba)

Also, the books of classical scholars are full with examples indicating the impermissibility of deriving benefit out of a human body due to it being honoured.

In conclusion, the human body, dead or alive has great significance. It is honoured and sacred, and because of the sanctity that is attached to it, it will be unlawful to tamper with it, cut parts of it or dishonour it in any way.

2The cutting of and tampering with a human body amounts to mutilation and deformation of a divinely created body (muthla), which has clearly been prohibited in Shariah.

Qatada (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) used to encourage giving in charity and prevent Muthla.” (Sahih al-Bukhari, 2/206)

In another Hadith, the Messenger of Allah (Allah bless him & give him peace) said: “Abstain from Muthla.” (Sahih Muslim, 2/82)

This is also supported by the verse of the Qur’an, where Allah Almighty mentions the words of Shaytan, when he said:

“I will mislead them and I will order them to slit the ears of cattle, and to deface the (fair) nature created by Allah.” (4: 119)

To deface the fair nature created by Allah, both physically and spiritually, is what Shaytan likes and orders to practise.

As far as the permissibility of blood transfusion in cases of need is concerned (See on this website, for the ruling on blood transfusion and donation), it does not necessitate the cutting of human parts or any surgical procedures on the body, rather it is drawn and transfused by means of injection, thus it is akin to human milk that is extracted without any surgical procedures.

3The human body and parts are not in our ownership in that we may fiddle with them as we desire. It is a trust (amanah) that has been given to us by Allah Almighty. As such, it will be impermissible for one to sell, give or donate any organs of his body. Islam has forbidden suicide for the same reason. There are many texts of the Qur’an and Sunnah that clearly determine this. Thus, it will be unlawful for one to give his organs to another.

4It is unlawful for an individual to inflict harm upon himself or others. The Messenger of Allah (Allah bless him & give him peace) said: “It is unlawful to inflict harm upon yourself and others, (la dharar wa la dhirar).” (Mustadrak of al-Hakim)

The famous principle states:

“Harm can not be removed by a similar harm.” (meaning, in order to remove harm from another individual, it is impermissible for one to harm himself).” (Ibn Najaym, al-Ashbah, P. 123)

Therefore, it will be impermissible for a living person to donate part of his body due to it being harmful for him.

5The principle of Islamic jurisprudence states: “When the evidences of prohibition conflict with the evidences of permissibility, preference is given to prohibition.” (Ibn Nujaym, al-Ashbah wa al-Naza’ir)

In view of the above and other evidences, according to this group of scholars, it is unlawful to transplant organs, whether it be of a living person or a dead body, and whether there is a need or otherwise. In other words, there is no permissibility whatsoever for the transplantation or donation of organs.

The view of permissibility

According to almost all of the major Arab scholars and also some contemporary Indo/Pak scholars, the transplantation and donation of human-organs is permissible subject to certain conditions (which will be mentioned later). This view is based on the following grounds:

1The famous principles (qawa’id) of Islamic Jurisprudence based on the teachings of the Qur’an and Sunnah permit the use of unlawful things in cases of extreme need and necessity. In case of necessity, certain prohibitions are waived, as when the life of a person is threatened the prohibition of eating carrion or drinking wine is suspended. Allah Most High says:

“He (Allah) has only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name has been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits, then he is guiltless. For Allah is Most Forgiving and Most Merciful.” (Surah al-Baqarah, v. 173)

The Qur’an also permits the utterance of disbelief (kufr) in order to save your life. Allah Most High says:

“Anyone who, after accepting faith in Allah, utters unbelief, except under compulsion whilst his heart remaining firm in faith…” (Surah al-Nahl, V. 106)

The principle of Fiqh, based on the above Qur’anic guidelines, states:

“Necessity makes prohibition lawful.” (See: Ibn Nujaym, al-Ashbah wa al-Naza’ir, P. 85 )

According to Imam Shafi’i (Allah have mercy on him), it is permissible for a person dying out of hunger to consume the meat of another human. (See: Ibn Qudama, al-Mugni, 9/335)

Therefore, in cases of need and necessity, impure, unlawful and Haram things become permissible. When a person’s life is in danger and he is in dire need for transplantation, he is in such a situation, thus the transplantation of organs will be permissible.

2With regards to the aspect of human sanctity, there are two things that need to be taken into consideration.

Firstly, it is true that a human body, whether dead or alive, is honoured and respected, but does the modern procedure violate this sanctity? Islam ordered us to honour a human body but did not prescribe any fixed methods for it. Disgracing a human body may change from one time to another and from one place to another.

Thus, it could be said that the current procedure of organ transplantation is not considered dishonouring a human body. The surgery is performed in the most respectable way and it is not considered to be disrespectful. This is the reason why many highly respected people of the community regard donating of organs as a mark of merit, and they are not looked down upon.

Secondly, there are cases where Shariah overlooks the sanctity that is attributed to the body, such as in the case of saving another human.

It is stated in Tuhfat al-Fuqaha:

“If a pregnant woman died and the child in her stomach is still alive, her stomach will be cut open in order to take the child out, for in there is saving the live of a human, thus the sanctity of a human body will be overlooked.” (Samarqandi, Tuhfat al-Fuqaha, 4/261 & Badai’i al-Sana’i)

This is also based on the juristic principle:

“If one is confronted with two evils, one should choose the lesser of the two.” (al-Ashbah wa al-Naza’ir)

3As for a human not owning his body is concerned, Islam permits a human in certain situations to utilize his body. It is similar to the wealth which Allah Almighty has given a human, and he is permitted to utilize it (in a correct manner) and give it as a gift.

If an individual is drowning or is in the midst of a burning flame, it is totally permissible to go and save him and put yourself in danger. Similarly, it will be permissible to donate your organ in order to save the life of a fellow human being.

4Almost all of the scholars give permission for the transfusion and donation of blood in cases of need and necessity (see the article on blood transfusion), then why is there a difference in the issue of organ transplant. The surgical procedure of transplantation ensures that one does not go through unnecessary mutilation of one’s body. It is similar to surgical treatment that is carried out on a living person for medication purposes.

In view of the above (according to this group of scholars), it will be permissible to transplant and donate organs in order to save another person’s life. However, this is subject to certain terms and conditions.

The international Islamic fiqh academy (Majma’ al-Fiqh al-Islami) which consists of a number of major scholars from around the globe researched this issue in February 1988, and after extensive research, issued the following verdicts:

Note, that the resolutions of the Islamic fiqh academy have been published in Arabic and translated in a number of languages. Below is the original Arabic text and its translation in English:

الحمد لله والصلاة والسلام على رسول الله صلى الله عليه وسلم
أما بعد

فإن مجلس مجمع الفقه الإسلامي المنعقد في دورة مؤتمره الرابع بجدة في المملكة العربية السعودية من 18-23 جمادى الآخرة 1408هـ،الموافق 6-11 فبراير 1988م
بعد اطلاعه على الأبحاث الفقهية والطبية الواردة إلى المجمع بخصوص موضوع "انتفاع الإنسان بأعضاء جسم إنسان آخر حيًا أو ميتًا"
.
وفي ضوء المناقشات التي وجهت الأنظار إلى أن هذا الموضوع أمر واقع فرضه التقدم العلمي والطبي، وظهرت نتائجه الإيجابية المفيدة والمشوبة في كثير من الأحيان بالأضرار النفسية والاجتماعية الناجمة عن ممارسته دون الضوابط والقيود الشرعية التي تصان بها كرامة الإنسان، ومع مراعاة مقاصد الشريعة الإسلامية الكفيلة بتحقيق كل ما هو خير ومصلحة غالبة للفرد والجماعة، والداعية إلى التعاون والتراحم والإيثار.

وبعد حصر هذا الموضوع في النقاط التي يتحرر فيها محل البحث وتنضبط تقسيماته وصوره وحالاته التي يختلف الحكم تبعًا لها.
قرر ما يلي:
من حيث الأحكام الشرعية:
أولاً: يجوز نقل العضو من مكان من جسم الإنسان إلى مكان آخر من جسمه، مع مراعاة التأكد من أن النفع المتوقع من هذه العملية أرجح من الضرر المترتب عليها، وبشرط أن يكون ذلك لإيجاد عضو مفقود أو لإعادة شكله أو وظيفته المعهودة له، أو لإصلاح عيب أو إزالة دمامة تسبب للشخص أذى نفسيًا أو عضويًا.

ثانيًا: يجوز نقل العضو من جسم إنسان إلى جسم إنسان آخر، إن كان هذا العضو يتجدد تلقائيًا، كالدم والجلد، ويراعى في ذلك اشتراط كون الباذل كامل الأهلية، وتحقق الشروط الشرعية المعتبرة.

ثالثًا: تجوز الاستفادة من جزء من العضو الذي استؤصل من الجسم لعلة مرضية لشخص آخر، كأخذ قرنية العين لإنسان ما عند استئصال العين لعلة مرضية.

رابعًا: يحرم نقل عضو تتوقف عليه الحياة كالقلب من إنسان حي إلى إنسان آخر.

خامسًا: يحرم نقل عضو من إنسان حي يعطل زواله وظيفة أساسية في حياته وإن لم تتوقف سلامة أصل الحياة عليها كنقل قرنية العينين كلتيهما، أما إن كان النقل يعطل جزءًا من وظيفة أساسية فهو محل بحث ونظر كما يأتي في الفقرة الثامنة.

سادسًا: يجوز نقل عضو من ميت إلى حي تتوقف حياته على ذلك العضو، أو تتوقف سلامة وظيفة أساسية فيه على ذلك. بشرط أن يأذن الميت أو ورثته بعد موته، أو بشرط موافقة ولي المسلمين إن كان المتوفى مجهول الهوية أو لا ورثة له.

سابعًا: وينبغي ملاحظة أن الاتفاق على جواز نقل العضو في الحالات التي تم بيانها، مشروط بأن لا يتم ذلك بوساطة بيع العضو. إذ لا يجوز إخضاع أعضاء الإنسان للبيع بحال ما.
أما بذل المال من المستفيد، ابتغاء الحصول على العضو المطلوب عند الضرورة أو مكافأة وتكريمًا، فمحل اجتهاد ونظر.

ثامنًا: كل ما عدا الحالات والصور المذكورة، مما يدخل في أصل الموضوع، فهو محل بحث ونظر، ويجب طرحه للدراسة والبحث في دورة قادمة، على ضوء المعطيات الطبية والأحكام الشرعية.
والله أعلم.

Shariah Rulings

1It is permitted to transplant or graft an organ from one place of a person’s body to another, so long as one is careful to ascertain that the benefits of this operation outweigh any harm that may result from it, and on the condition that this is done to replace something that has been lost, or to restore its appearance or regular function, or to correct some fault or disfigurement which is causing physical or psychological distress.

2It is permitted to transplant an organ from one person’s body to another, if it is an organ that can regenerate itself, such as skin and blood, provided that the donor is mature and fully understands what he is doing, and that all the other relevant shariah conditions are met.

3It is permitted to use part of an organ that has been removed from the body because of illness, to benefit another person, such as using the cornea of an eye removed because of illness.

4It is unlawful (haram) to transplant or use an organ on which life depends, such as taking a heart from a living person to transplant into another person.

5It is unlawful (haram) to take an organ from a living person when doing so could impair an essential and vital function in his body, even though his life itself may not be under threat, such as removing the corneas of both eyes. However, removing organs which will lead to only partial impairment is a matter which is still under scholarly discussion, as is mentioned in resolution no. 8.

6It is permitted to transplant an organ from a dead person to a living person when his life depends on receiving that organ, or when vital functions of his body are otherwise impaired, on the condition that permission is given either by the person before his death or by his heirs, or by the leader of the Muslims in cases where the dead person’s identity is unknown or he has no heirs.

7Care should be taken to ensure that in all of the above situations where transplantation is permitted, no buying or selling of organs is involved. It is not permitted to trade in human organs under any circumstance. However, the question of whether the beneficiary may spend money to obtain an organ he needs, or to show his appreciation, is a matter which is still under the research of the scholars.

8Anything other than the scenarios described above is still subject to scholarly debate, and requires further detailed research in the light of medical research and shariah rulings. And Allah knows best. (See: Qararat wa tawsiyat majma’ al-fiqh al-Islami, P. 59-60)

The Islamic Fiqh academy of India also discussed this issue, and one of their members who is recognised as a renowned scholar Shaykh Ubaid Allah al-As’adi (Allah preserve him) compiled a very extensive article. The following are summarized points of some of the conditions mentioned in his article (that have not been mentioned in the above resolutions):

1There should be no other reasonable alternative available in the view of experienced medical experts

2All efforts should be made to avoid transplanting of a non-Muslim’s organ into a Muslim and vice versa. If this is not possible, only then the organ of a non-Muslim may be used.

3Only the organs of a dead person should be used. However, if that is not possible, then only will it be permissible to use the organ of a living person.

In conclusion, the above are the two viewpoints of the contemporary scholars with regards to organ transplantation and donation. The stance of some scholars, however, is that they abstain from issuing any verdict altogether on this issue.

My respected teacher, Shaykh Mufti Taqi Usmani is one of those who are reluctant to voice their opinion. In a writing of his which I have (and I have also heard this from him verbally), he states:

“After the compilation of the book ‘Islam’s ruling on organ transplantation’ (m, by his esteemed father, the grand Mufti of Pakistan, Mufti Muhammad Shafi, in which he strongly emphasised the impermissibility of organ transplantation, and which was also endorsed by Shaykh Taqi), I read the various arguments in favour of organ transplantation, thus it has left me hesitant and uncertain in this matter. As such, at present I abstain from issuing any verdict.”

Therefore, one may follow any of the above two viewpoints, as they are both from great scholars of Islam. If one acts on the view of permissibility, then it would be advisable, as a precautionary measure, to seek forgiveness from Allah (istigfar) and donate something in charity.

And Allah knows best

Muhammad ibn Adam al-Kawthari

Darul Iftaa, Leicester, UK

Answer

In the name of Allah, Most Gracious, Most Merciful 

Assalaamu `alaykum waRahmatullahi Wabarakatuh 

1) Many Islamic scholars and Jurists have written on the subject of organ transplant. Over the decades, medicine has improved and advanced dramatically, taking medical technology to extreme heights.

Today, through the vast medical advancement, almost any transplant of the human body can be performed. Owing to the technological medical changes, prominent and renowned jurists of the world have carefully analyzed the process of organ transplant and upon investigation made the following observations:

1) When any person’s limb or organ becomes unusable and that limb or organ is needed to function in the future by a suitable replacement then the following conditions must be considered:

a) Use of a non-living artificial component.

b) Using the organ of those animals that are permissible to eat and were slaughtered according to the Islamic law.

If there is an imminent fear of loss of life or danger of losing the organ and the replacement is only found in haraam animals or in permissible animals (which can be eaten) but not slaughtered according to Islamic law, then use of such a component will be permissible. However, if there is no imminent danger of loss of life then it will not be permissible to use anything from the pig.

2) Similarly, a transplant of any nature whatsoever is permissible from one part to another part of the body of the same person when necessary.

3) The sale of any part of the human body is haraam.

4) If any ill person reaches a stage where a specific organ becomes unusable to such an extent that medical experts are absolutely certain that besides the human organ there is no other life-saving substitute, the human organ is easily available to the patient, and the patient’s life is in danger, then in that dire need a human organ transplant will be permissible.

5) When a perfectly healthy person on the advice of an expert physician confirms that the removal of one kidney will not harm nor cause ill-health whatsoever and considering the deteriorating health of his sick immediate family member which may cause death and there is no other alternate or substitute then this will be permissible with the condition that the kidney be donated and not sold.

6) The wasiyya (bequest) of the organs after death is forbidden in shari’ah.