After the advancement of medical science today, it has become possible to remove organs from one person and transplant them into another; what is the ruling on this organ donation?
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Eid Abbasi: After the advancement of medical science today—as you know—it has become possible to remove certain organs from one human body and transplant them into another, such as the kidney or the eye; is this permissible in the Shari'ah, and is the donor rewarded for it? Please mention the Shari'ah evidence for this.
The Shaykh: This issue is, of course, a new one, and it is not conceivable that there would be an explicit text regarding it; rather, it falls under the areas and issues of independent legal reasoning (ijtihad). The position we have adopted recently is that it is permissible for a Muslim to donate some of his organs, on the condition that it does not harm him personally. This condition is, of course, known only to the specialized doctors who perform these operations. If there is a possibility of donating an organ, such as an eye, without the donor suffering any harm, we see that this falls under the general meaning of the statement of Allah—Blessed and Exalted is He—: "" were "" .
Eid Abbasi : .
The Shaykh:[Al-Hashr 59:9] , but the issue has a degree of precision, as you can see, in terms of application and execution by the doctors themselves; therefore, the final opinion, in my belief, is that it should be the case that a group of Islamic jurists gather. By jurists, I mean true jurisprudence, which is based on the Book and the Sunnah, and not that which the masses of the late-era jurists rely upon, which is also the opinions of the later jurists. So I see that some of these jurists should gather with some of the surgical doctors to discuss this issue, and thereby they can produce a clear explanation with defined aspects, so that the Muslim is on clear knowledge in this matter.
This is what I have.
His donation is permissible, if it is permissible while he is alive. If he bequeaths it after his death, we see that if it is not even more preferable, it is exactly like the first case. This is what we see, and Allah knows best.
The Shaykh: This issue is, of course, a new one, and it is not conceivable that there would be an explicit text regarding it; rather, it falls under the areas and issues of independent legal reasoning (ijtihad). The position we have adopted recently is that it is permissible for a Muslim to donate some of his organs, on the condition that it does not harm him personally. This condition is, of course, known only to the specialized doctors who perform these operations. If there is a possibility of donating an organ, such as an eye, without the donor suffering any harm, we see that this falls under the general meaning of the statement of Allah—Blessed and Exalted is He—:
and they prefer others over themselves, even though
وَيُؤْثِرُونَ عَلَى أَنْفُسِهِمْ وَلَوْthey had need themselves
بِهِمْ خَصَاصَةٌEid Abbasi :
even if they
وَلَوْ كَانَThe Shaykh:
even though they are in privation
وَلَوْ كَانَ بِهِمْ خَصَاصَةٌThis is what I have.
His donation is permissible, if it is permissible while he is alive. If he bequeaths it after his death, we see that if it is not even more preferable, it is exactly like the first case. This is what we see, and Allah knows best.
Source
www.al-albany.com
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