A society called the "Society for Donating Body Organs After Death" has recently appeared in Kuwait
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The questioner : A society called the "Society for Donating Body Organs After Death" has recently appeared in Kuwait, where a Muslim writes a commitment—a signed paper—permitting the removal of one of his organs after his death. What is the ruling on this?
The Shaykh : We do not see this as permissible for two reasons:
The first reason is that it is a clear contradiction of the texts that prohibit mutilation, even of disbelievers. It is all the more so that mutilation of the dead of Muslims is not permissible. It is authentic from the Prophet (peace and blessings be upon him) that he said:; this is the first point.
The other point is that we have nothing to indicate that this deceased person, after death, has the authority to dispose of his body. He has moved from the life of this world to the life of the barzakh (the interval between death and resurrection). We do not have evidence that he has authority over himself to bequeath that such and such be done to his body. When this is added to what we mentioned earlier regarding the prohibition of mutilation and breaking bones, we know that this type of thing is what I called... a bank? Or what?
The questioner : A society.
The Shaykh : A society, yes, this society is established in contradiction to the Islamic Shari'ah.
The Shaykh : We do not see this as permissible for two reasons:
The first reason is that it is a clear contradiction of the texts that prohibit mutilation, even of disbelievers. It is all the more so that mutilation of the dead of Muslims is not permissible. It is authentic from the Prophet (peace and blessings be upon him) that he said:
Breaking the bone of a believer while he is dead is like breaking it while he is alive
كسرُ عظمِ المؤمن ميِّتًا ككسره حيًّاThe other point is that we have nothing to indicate that this deceased person, after death, has the authority to dispose of his body. He has moved from the life of this world to the life of the barzakh (the interval between death and resurrection). We do not have evidence that he has authority over himself to bequeath that such and such be done to his body. When this is added to what we mentioned earlier regarding the prohibition of mutilation and breaking bones, we know that this type of thing is what I called... a bank? Or what?
The questioner : A society.
The Shaykh : A society, yes, this society is established in contradiction to the Islamic Shari'ah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.