What is the ruling on transplanting organs from one person to another, such as transplanting a kidney or blood?

The questioner : We have a second question: What is the ruling on transplanting organs from one person to another, such as transplanting a kidney, for example, or blood?

The Shaykh : I see no harm in that if the organ is transplanted with the consent of the person from whom it is taken. This is part of the treatment that falls under the general meaning of his saying (peace and blessings be upon him): . This is the principle: . However, this treatment must be used in the manner prescribed by the Shari'ah, in a way that does not contradict any forbidden text regarding any specific form.

The questioner : This might mean after the patient has passed away.

The Shaykh : This has a different answer.

The questioner : For example, a person died in an accident.

The Shaykh : If the organ is taken from the deceased without a bequest from him, I have no doubt that it is not permissible, because it is a disposition made without his permission, especially after his death. This disposition is, as some have said, "They took advantage of you and described you as weak; why did they not describe you as a lion's cub?" So why did they not take his kidney or any of his organs while he was alive? No, they cannot do that, because it is not permitted except in certain special cases, as we hinted at earlier. However, if the deceased has bequeathed one of his body parts, then there is room to say it is permissible in order to carry out his bequest. I say there is room, but I am not reassured by it, nor do I assert that it is forbidden. I am not reassured by it because of the disfigurement and mutilation of this dead person's body, and the Messenger of Allah (peace and blessings be upon him and his family) forbade mutilation. In fact, he said: . If it is absolutely necessary—and I say this clearly because my Islam and faith command me to do so—if it is absolutely necessary to say that transplantation is permissible, then let it be taken from a non-Muslim, from the body of a non-Muslim. This is because in a narration of the previous hadith it says: . It is not hidden that the sanctity of the believer remains intact even after his death. The Messenger (peace and blessings be upon him and his family) pointed to this reality in some of his hadiths, such as his saying (peace and blessings be upon him): , . This hadith combines two important aspects: the first aspect is respecting the dead person after his death. The second aspect is not exaggerating in honoring him to the point of the first matter. He points to the first matter by saying: , and he points to the second matter by saying: . This is what I have regarding that addition to the question.

The questioner : Shaykh, even if it is done with the disposition of the deceased's family?

The Shaykh : As long as he did not bequeath it, I have nothing to offer other than what you have heard, because the family does not have the right to make this disposition over the dead man's nose, while he is in his shroud and in his grave.

The questioner : What is your opinion if this dead person from whom the kidney is taken is a Jew or a Christian? Is it permissible to transplant his kidney to a Muslim?

The Shaykh : This is what I answered clearly—may Allah bless you—when I cited the hadith: . With this qualification, the disbeliever is excluded.