What is the ruling on transplanting a heart from a patient whose life is beyond hope, after he killed another man who will live with this heart?
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The questioner : Another questioner asks about the method of treating illness through the transfer of blood or organs, such as the transfer of a kidney or a heart. In the case of a heart transplant, the procedure requires killing the person from whom the heart is taken, as the doctors have lost hope in his condition. What is the ruling of the Shari'ah in this matter?
The Shaykh : It requires killing what?
The questioner : The person from whom the heart is taken, as the doctors have lost hope in his condition. What is the ruling of the Shari'ah in this matter?
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 : When it is more likely...
The Shaykh : If he is dead, it falls under the category of mutilation. If he is alive, it falls under the category of harming oneself. In either case, I do not consider the transplant permissible. As for this strange situation that has recently become clear, 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, to the point where it is permissible to bury him in his grave. Before that, it is considered killing.
The Shaykh : It requires killing what?
The questioner : The person from whom the heart is taken, as the doctors have lost hope in his condition. What is the ruling of the Shari'ah in this matter?
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 : When it is more likely...
The Shaykh : If he is dead, it falls under the category of mutilation. If he is alive, it falls under the category of harming oneself. In either case, I do not consider the transplant permissible. As for this strange situation that has recently become clear, 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, to the point where it is permissible to bury him in his grave. Before that, it is considered killing.