The appearance in Kuwait of an organization for donating body organs after death, where a Muslim writes a signed pledge to allow the taking of one of his organs after his death
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The questioner : Recently, an organization called the Organization for Donating Body Organs After Death has appeared in Kuwait, where a Muslim writes a signed pledge to allow the taking of one of his organs after his death. What is the ruling on this?
The Shaykh : We do not consider this permissible for two reasons:
The first reason is that it is a clear contradiction of the texts that prohibit mutilation, even of disbelievers, so it is even more impermissible to mutilate the dead of the Muslims. It is authentic from the Prophet (peace and blessings be upon him) that he said: This is the first matter.
The other matter 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 organization is established in contradiction to the Islamic Shari'ah.
The Shaykh : We do not consider this permissible for two reasons:
The first reason is that it is a clear contradiction of the texts that prohibit mutilation, even of disbelievers, so it is even more impermissible to mutilate the dead of the Muslims. 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.
كسر عظم المؤمن ميتا ككسره حياThe other matter 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 organization is established in contradiction to the Islamic Shari'ah.