Fatwa - Organ Donation

 

Q- What does Islam say about organ donation during one's life or after his death. Is this allowed in Islam?

Dr. Muzammil H. Siddiqi, President, Fiqh Council of North America answers the above question:

A - "This question has been extensively debated by the jurists in the past two decades. The Supreme Council of Ulama in Riyadh (in their resolution no.99 dated 6 Dhul Qa'dah 1402) has allowed both organ donation and organ transplantation in the case of necessity.

The organ can be taken from the body of a living person with his/her consent and approval and also from the body of a dead person. In the case of a living person, the jurists have stipulated that this donation should not deprive him/her of any vital organs. It should also not cause risk to his/her normal life.

The Fiqh Academy of the Muslim World League, Makkah, also allowed organ donation and transplantation in its 8th session held between 28 Rabi Al-Thani-7 Jumadi Al-Ula, 1405. The Fiqh Academy of the Organization of the Islamic Conference in Jeddah, during the year 1408, and the Mufti of Egypt Dr. Sayyed At-Tantawi also allowed the use of the body organs of a person who had died in an accident, if the necessity requires the use of any organ to cure a patient, provided that a competent and trustworthy Muslim physician makes this decision.

It is important to note that most of the jurists have only allowed the donation of the organs. They do not allow the sale of human organs. Their position is that the sale of human organs violates the rules of the inherent dignity and honour of the human being, and so it would be haraam (forbidden) in that case.

Some jurists suggest that because people have become too materialistic and it may not be possible to find a human organ for free, under necessity one can purchase the organs, but a Muslim should never sell his/her organs."

 

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