This is a very complex issue. I am struggling with this for a very long time now, and still do not know what the answer is.
from my own logic, I think it should be permissible because the cure for the body is in earthly things and the cure for the soul is in faith. though, some of the arguments in your post why it would not be permissible, I also could agree with.
The arguments I agree with why it would not be permissible:
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)
The arguments I do not agree with:
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)
this hadeeth has nothing to do with this issue. because think about it...why does it speak about "women" only? because women tend to do things which are not permissible out of trend and fashion...this hadeeth speaks about sick fashion of wearing wigs to change their looks...not out of need.
“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)
this hadeeth is about cannabalism. if cannibalism was permitted in extreme cases, we would live in a wicked world with wicked rulings...because who had to decide which one's live is more worth than the other so he can kill and eat the other?
so, you then can eat your slave just because he is your slave? so conclusion, this hadeeth also has nothing to do with this issue.
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.
in a different post of yours you posted something about the soul. here is the post:
In this post it was clearly explained:
Out of the two, the human is actually the soul, the body is just a case which will eventually deteriorate. Take the example of a horse and it’s rider, the horse is just a convenience and the rider is the dictator. The rider controls the horse, but if he succumbs to the horse then he is a dummy. Similar is the case of the body and soul.
So, if I compare this with the hadeeth above...then the "human" is only the soul...and the body is just something earhly and therefore can be used for organ transplantatíon.
The 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.
Every early things are not in our ownership...we own nothing everything is amanah...so therefore, this is not a good argument about organ transplantation.
It 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)
You are not inflicting harm on someone...you are trying to save someone...surgery in order to cure someone is permissible...this is not mutilation. the dead person does not need his organs anymore, so this is not a good argument.
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.
if the donor still lives and continues to live after donation, I could understand this.
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)
this seems to contradict directly with the hadeeths mentioned above where it was clearly stated not to be permissible...
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)
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.
also makes sense.
so both sides have some valid argument, but I tend to have the opinion that the organ transplantation should be permissible because the arguments that support that outweigh the arguments which forbid it.
thank you for your post.