Is it permissible to transplant organs from a living or dead person to a patient who needs them?
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The questioner : A brother asks and says: A method of treating illness has emerged in our days through the transfer of blood or organs, such as transplanting a kidney or a heart. In the case of a heart transplant, the matter requires killing the person from whom the heart is taken, because the doctors have lost hope in his condition. What is the ruling of the Shari'ah regarding this?
The Shaykh : How is he killed? What do you mean?
The questioner : The person from whom it is taken, because the doctors have lost hope in his condition. What is the ruling of the Shari'ah regarding this?
The Shaykh : This question is in need of clarification. How does one mean that a person is killed and his heart is taken?
The questioner : In our case, it is more likely, in the opinion of the doctors, that there are brain waves or heartbeats or something else. This is what happens in some hospitals: they remove the resuscitation equipment or something else from the patient, which leads to his death?
The Shaykh : In any case, my opinion is known regarding the transfer of an organ from one person to another. If the donor is dead, it falls under the category of mutilation. If the donor is alive, it falls under the category of harming oneself. In either case, I do not consider the transfer permissible. As for this strange situation that was clarified recently, I do not believe it is anything but forbidden by the Shari'ah, because it involves performing an act of killing on a person who is still considered alive by the Shari'ah, even if the doctors rule that he is considered dead. They must wait until his death is confirmed according to the Shari'ah, such that it is permissible to bury him in his grave. Before that, it is considered killing. Yes. As for the transfer of blood, I do not see anything wrong with it, because blood, although it is ritually impure, is the spilled blood that has entered the air and the substance before being transferred directly from inside the body of the blood owner to the other body. I do not see anything wrong with it, even if the two persons differ in religion, one being a Muslim and the other a disbeliever. I do not see anything wrong with it.
The Shaykh : How is he killed? What do you mean?
The questioner : The person from whom it is taken, because the doctors have lost hope in his condition. What is the ruling of the Shari'ah regarding this?
The Shaykh : This question is in need of clarification. How does one mean that a person is killed and his heart is taken?
The questioner : In our case, it is more likely, in the opinion of the doctors, that there are brain waves or heartbeats or something else. This is what happens in some hospitals: they remove the resuscitation equipment or something else from the patient, which leads to his death?
The Shaykh : In any case, my opinion is known regarding the transfer of an organ from one person to another. If the donor is dead, it falls under the category of mutilation. If the donor is alive, it falls under the category of harming oneself. In either case, I do not consider the transfer permissible. As for this strange situation that was clarified recently, I do not believe it is anything but forbidden by the Shari'ah, because it involves performing an act of killing on a person who is still considered alive by the Shari'ah, even if the doctors rule that he is considered dead. They must wait until his death is confirmed according to the Shari'ah, such that it is permissible to bury him in his grave. Before that, it is considered killing. Yes. As for the transfer of blood, I do not see anything wrong with it, because blood, although it is ritually impure, is the spilled blood that has entered the air and the substance before being transferred directly from inside the body of the blood owner to the other body. I do not see anything wrong with it, even if the two persons differ in religion, one being a Muslim and the other a disbeliever. I do not see anything wrong with it.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
