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Organ Donation...

  1. #1
    Perseveranze's Avatar Full Member
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    Organ Donation...

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    Asalaamu Alaikum,

    When I die, i'd like my organs to go to someone else if it means saving or helping a life.

    Was wondering what Islam says about this and if i'm permissibly allowed to do this. I am kind of confused because;

    - Saving the life of one person is like saving the whole of mankind

    against

    - Not allowed to alter the creation of God.
    Organ Donation...

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    Re: Organ Donation...



    I hope it can answer your question

    http://www.islam-qa.com/en/ref/107690
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    Re: Organ Donation...

    I read the link but i still (in my personal opinion) believe that no one should play God. Life is up to him. people are supposed to take care of their bodies. I will take all my organ's with me and I have DNR paperwork. I don't want some guy in a lab coat dictating when its my time to go. God will decide and no one else.
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    Re: Organ Donation...

    I had a similar question as this but about donating blood. Is it permitted in Islam?
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    Re: Organ Donation...

    Yes my dear, it is permitted in Islam to donate blood...^^
    Organ Donation...

    sapvas2xc6e9di1ikgif 1 - Organ Donation...
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    Hamza Asadullah's Avatar Moderator
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    Exclamation Re: Organ Donation...

    Asalaamu Alaikum, consider the following:

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

    It is a well known principle of Shariah that all the organs and parts 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 without a need is unlawful ( haram).

    This also includes blood, for it is an integral part of a human. There are two reasons for the impermissibility of taking benefit from another person's blood. Firstly, it is sacred like all other parts of a human.

    Allah Most High says:

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

    Secondly, blood (when taken out) is impure and to derive benefit from something that is impure is unlawful.

    Allah Most High says:

    'Say: "I find not in the message received by me by inspiration any (meat) forbidden to be eaten by one who wishes to eat it, unless it be dead meat, or blood poured forth, or the flesh of swine, for it is impure" (Surah al-An'am, 145).

    Sayyiduna Imam Shafi'i (Allah have mercy on him) states:

    "If one infused blood under the skin and skin grew on it, it will become obligatory to extract that blood and repeat all the prayers that were performed after infusion". (al-Umm, 1/54).

    Due to the above two reasons, under normal circumstances it will be impermissible to transfuse the blood of one person in to the body of another. Sanctity of human parts demands this, as well as the impure element in blood.

    The Exception, However

    However, Islam is a religion of mercy and caters for all the problems faced by humanity. It acknowledges the needs of people, thus gives concessions and dispensations wherever needed.

    Allah Most High says:

    "On no soul does Allah place a burden greater than it can bear". (al-Baqarah, 286).

    The famous principle of Fiqh states:

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

    Due to this, classical scholars gave a dispensation in that the milk of a female may be used for the purpose of medication. It is stated in the famous Hanafi Fiqh reference, al-Fatawa al-Hindiyya:

    "There is no harm in injecting a woman's milk in a man or to drink it for medical purposes". (al-Fatawa al-Hindiyya, 5/355). [ f: This is conditioned by what is mentioned below in the same text]

    It is also stated in the same book:

    "It is permissible for a (severely) sick person to drink blood and urine, or consume the meat of a dead animal for the purpose of medication if an experienced Muslim medical expert stipulates that this is the only cure, and that one does not find an alternative. If the medical expert states that by using unlawful substances you will be cured earlier, then there are two opinions of the scholars". (al-Fatwa al-Hindiyya, 5/355).

    Imam al-Haskafi (Allah have Mercy on him) says:

    "The Scholars differed regarding the usage of haram medication. The apparent opinion in the (Hanafi) school is that it is haram. However it is said that it will be permissible when the medicine is known to be effective and there is no other alternative, just as there is a dispensation in drinking alcohol for a person dying of thirst, and the fatwa is given on this opinion.' ( Radd al-Muhtar ala al-Durr al-Mukhtar, 1/210).

    The Messenger of Allah (Allah bless him & give him peace) advised the people of Urayna to consume the urine and milk of camels due to them being affected by the climate of Madina. (See: Sahih al-Bukhari, no. 231).

    Moreover, two reasons were mentioned for the impermissibility of using human blood, one the aspect of sanctity and the other, its impurity.

    As far as the first reason is concerned, it must be remarked that although blood is a component part of a human body yet the manner of its transfusion does not require any surgical procedures in 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.

    In appreciation of a child's need, Islam regarded this milk a means of nourishment for it, and the mother is obliged to feed the baby this very milk. Even for adults, women�s milk has been made lawful for medical purposes, as stated in the text of al-Fatawa al-Hindiyya quoted earlier.

    The Ruling

    Hence, it can be said that blood transfusion is lawful as a necessity just as Islamic law has permitted women's milk for infants out of necessity, despite it being part of a human body.
    The second reason was the impurity of blood. This has been discussed earlier in that impure and unlawful things become permissible in cases of need and necessity.

    In light of the foregoing, it would be permitted to donate and transfuse blood under the following conditions:

    a) The donor is mature and sane,

    b) The donor willingly donates his blood. If he is compelled to do so, it will not be permissible,

    c) There is no apparent risk to the life or health of the donor

    d) There is absolute necessity in donating blood in that there is a definite risk to the life of a patient, and in the opinion of the medical expert, there is no other way in saving his/her life,

    e) There is a need for it, that is, there is no risk to the life, but in the opinion of the
    experts, restoration of health may not be possible without it,

    f) There is no reasonable alternative

    g) It is not for the sake of beatification or any other additional benefit,

    h) Transfusion of blood must not be carried out by way of buying and selling, for trading in human parts is never permissible. However, if one is in need of blood desperately and the only means to obtain the blood is to purchase it, then only will it be permissible to pay for the blood. This is discussed further in the following section

    Buying and selling blood

    As mentioned in the last part of the conditions, that it is unlawful to buy and sell blood for the purpose of transfusion. Classical Hanafi Jurists (fuqaha) have explicitly stipulated that to trade in any part of a human is unlawful, and especially blood for the impure element found therein.

    Imam al-Kasani (Allah have mercy on him) states:

    "The sale of a woman's milk put in a bowl is invalid for two reasons:
    Firstly, milk is not considered wealth, thus it is impermissible to sell it.

    Secondly, it is part of a human body and all parts of a human are sacred, thus it is contrary to its honour and respect to disgrace it by trading in it". (al-Kasani, Bada'i al-Sana'i, 5/145).

    Some classical scholars (from the Shafi'i, Maliki & Hanbali schools) consider purity a pre-requisite for a valid sale (See: Nawawi, Radhat al-Talibin, 3/ 348, Ahmad Darder, Sharh al-Sagir, 3/22 & al-Bahuti, Sharh Muntaha al-Iradat, 2/143). Blood is considered impure with the consensus of all the scholars, thus preventing it from being an article of trade.
    However, in case of necessity, if one is unable to obtain blood except by purchasing it, then it will be permissible to purchase it, but the provider will still be sinful. ( Durr al-Mukhtar, 4/113).

    This ruling also serves as prevention to the evil of trading in blood found in many places, where for the sake of a small amount of money; poor and desperate people sell their blood. Some go the extent where they put themselves in danger, and as mentioned earlier, it will only be permissible to donate or give blood if the donor�s life or health is not affected.

    Transfusion of a non-Muslim's blood into a Muslim's body

    In principle, there is no difference between the transfusion of Muslim's and a non-Muslim's blood, thus both are permissible.

    However, scholars recommend that one should abstain from the blood of unbelievers, transgressors and sinners, when reasonably possible, for there is a risk that the evil effects found in such people may affect the one in whom the blood is transfused.

    Classical scholars also disliked the breastfeeding of a child by a sinning and transgressing woman.

    Blood transfusion between family members and relatives

    Blood transfusion can not be considered in any way to be a cause of creating blood relationship between the two people involved, thus it is perfectly lawful to transfuse the blood of the husband into the wife or vice versa, and this will not effect their marriage in any way. Similarly, there will be no relationship between the one who donated the blood and the one in whom it was transfused, thus marriage between the two will be permissible, for they are regarded as strangers.

    The reason for this is that, Islam has restricts relationship and the impermissibility to marry with lineage and fosterage, thus it is inappropriate and not permissible to exceed these two.

    Conclusion

    From all of the foregoing, we learn that donating and transfusing blood will be permissible in cases of need and necessity (along with the other conditions stipulated above). It will not be permissible to use it for the purpose of beatification or merely gaining strength. It is also impermissible to buy and sell blood.

    Today we see the establishment of blood banks where the blood of different people is stored and used whenever needed. The advantage of these banks is that it gives them an opportunity to store the different types of blood and then match it with the blood of the one in need.

    From a Shariah perspective, it will not be permissible for one to sell his/her blood to the bank; rather it must be donated freely. Also, one must determine that his/her blood (and the blood in that particular bank) is only used in cases of need and necessity, and not for beatification purposes.

    And Allah knows best

    Sheikh Mufti Muhammad ibn Adam al-Kawthari

    Darul Iftaa, Leicester, UK

    www.daruliftaa.co.uk
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  9. #7
    Hamza Asadullah's Avatar Moderator
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    Re: Organ Donation...

    format_quote Originally Posted by Perseveranze View Post
    Asalaamu Alaikum,

    When I die, i'd like my organs to go to someone else if it means saving or helping a life.

    Was wondering what Islam says about this and if i'm permissibly allowed to do this. I am kind of confused because;

    - Saving the life of one person is like saving the whole of mankind

    against

    - Not allowed to alter the creation of God.
    Asalaamu Alaikum, Consider the following:

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

    The issue of organ transplant has been a matter of great debate and dispute among 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, the 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 body 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.

    1) 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:

    a) The 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 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 his 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 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 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 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 take 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:

    "The 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.

    b) The 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 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, 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.

    c) 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.

    d) 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 your self 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.

    e) The 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.

    2) 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 would be permissible subject to certain conditions (which will be mentioned later). This view is based on the following grounds:

    a) The 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 willful 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.

    b) With 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).

    c) As 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. Similarly, it will be permissible to donate your organ in order to save the life of a fellow human being.

    d) Almost all of the scholars give permission for the transfusion and donation of blood in cases of need and necessity (see below), then why is there a difference in the issue of organ transplant. The surgical procedure of transplantation ensures that one does not go thorough unnecessary mutilation of his 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 وسل
    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

    1) It 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.

    2) It 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.

    3) It 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.

    4) It 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.

    5) It 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 8.

    6) It 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.

    7) Care 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.

    8) Anything 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):

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

    2) All 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.

    3) Only 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 transplant 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" (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, m), I read the various arguments in favour of organ transplantation, thus it has left me hesitant and uncertain in this matter. As such, I now 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

    Sheikh Mufti Muhammad ibn Adam al-Kawthari, UK

    www.daruliftaa.co.uk
    Organ Donation...

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    innocent's Avatar Full Member
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    Re: Organ Donation...

    I would be interested to know the view of those who regard it impermissible to donate organs if someone needed a lifesaving organ transplant would they be able to accept it or refuse it and die. The other side of the coin.
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    Re: Organ Donation...

    one of my distant cousins, actually gave a kidney to her young son, who wud have died without one, is this permissable ? to give something to your own child if it saves them from death ?? or are we supposed to wait for non-muslim organs to become available & just recieve them ?
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    Re: Organ Donation...

    format_quote Originally Posted by nature View Post
    one of my distant cousins, actually gave a kidney to her young son, who wud have died without one, is this permissable ? to give something to your own child if it saves them from death ?? or are we supposed to wait for non-muslim organs to become available & just recieve them ?
    Subhanallah. People are right when they say "Mother's love is long, like an endless road".

    Every human has two kidneys, but actually human can lives with only one kidney although not in 100% normal condition like people who live with two kidneys. From what I know, many Ulama allow people to donate one of their kidney to save other people from death as long as this donation is sincerely (not for money).

    What your cousin has done is right. And this is thousands times better than buy kidney from someone who sell his/her kidney, or than buy stolen kidney.
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    Re: Organ Donation...

    format_quote Originally Posted by ardianto View Post
    Subhanallah. People are right when they say "Mother's love is long, like an endless road". Every human has two kidneys, but actually human can lives with only one kidney although not in 100% normal condition like people who live with two kidneys. From what I know, many Ulama allow people to donate one of their kidney to save other people from death as long as this donation is sincerely (not for money). What your cousin has done is right. And this is thousands times better than buy kidney from someone who sell his/her kidney, or than buy stolen kidney.
    From what i remember, there was something wrong with his kidneys, and he only had one up untill his teens, then he got sick, & they had 2 remove it, which is when his mother decided to donate, so they both have one now. So in circumstances like these where your saving a life, esp a child, i prob wud do the same. I dont agree with selling organs, although i remember seeing a programme about a guy from the uk who found an indian woman, living in the slumbs, and he bought one of hers, and queue jumped as he didnt want to stay on dialasis for ever-thats just plain wrong, but i can understand why poor people do it.
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