Ruling on Transplanting Organs from One Body to Another
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The questioner asks about the ruling on transplanting organs, such as the heart, especially if they are from a non-Muslim to a Muslim?
The answer: This matter was presented to the Council of Senior Scholars, concerning the transplanting of an organ from a deceased person to a living person who needs it. The Council differed on this; some considered it permissible, some recommended suspending judgment on it, and some who considered it permissible imposed conditions. These conditions are that the organ be transplanted from the deceased to a living Muslim, provided that: the deceased permitted it during his lifetime, that it does not lead to fitnah (trial, discord or temptation) among the heirs, and that the specialized doctor determines that it is suitable for this living person and that the success of the transplant is expected, such as a kidney or similar.
This is a matter of scholarly disagreement among the scholars at the present time. Some permitted it and said: There is no harm in donating, if the living, sane, adult person donates his kidney or similar to a living Muslim who benefits from it. Others prohibited it and said: A person does not own himself, nor does he own his organs, and he has no right to dispose of them by cutting them off and giving them to anyone. Rather, he disposes of wealth, giving and granting what does not contradict the Shari'ah. As for his disposing of himself by giving one of his fingers, or one of his kidneys, or otherwise; he has no right to do that.
In any case, it is a matter of disagreement among contemporary scholars, and I hold the position of suspending judgment on it. Some scholars permitted it with these conditions: that the specialized doctor determines it is suitable for this patient, that the patient is Muslim, that the doctor determines the success of the operation, that the predominant expectation is that the operation will succeed, that the person from whom it is taken permits it before he dies, during his lifetime, and that there is no fear of fitnah (trial, discord or temptation) either. Yes.
The presenter: Is there no effect on the ruling regarding whether it is transplanted from a non-Muslim to a Muslim?
The Shaykh: This is also a matter for consideration. Those who permitted it permitted it from a non-Muslim as well, just as his bone and blood and similar are transferred. Yes.
The answer: This matter was presented to the Council of Senior Scholars, concerning the transplanting of an organ from a deceased person to a living person who needs it. The Council differed on this; some considered it permissible, some recommended suspending judgment on it, and some who considered it permissible imposed conditions. These conditions are that the organ be transplanted from the deceased to a living Muslim, provided that: the deceased permitted it during his lifetime, that it does not lead to fitnah (trial, discord or temptation) among the heirs, and that the specialized doctor determines that it is suitable for this living person and that the success of the transplant is expected, such as a kidney or similar.
This is a matter of scholarly disagreement among the scholars at the present time. Some permitted it and said: There is no harm in donating, if the living, sane, adult person donates his kidney or similar to a living Muslim who benefits from it. Others prohibited it and said: A person does not own himself, nor does he own his organs, and he has no right to dispose of them by cutting them off and giving them to anyone. Rather, he disposes of wealth, giving and granting what does not contradict the Shari'ah. As for his disposing of himself by giving one of his fingers, or one of his kidneys, or otherwise; he has no right to do that.
In any case, it is a matter of disagreement among contemporary scholars, and I hold the position of suspending judgment on it. Some scholars permitted it with these conditions: that the specialized doctor determines it is suitable for this patient, that the patient is Muslim, that the doctor determines the success of the operation, that the predominant expectation is that the operation will succeed, that the person from whom it is taken permits it before he dies, during his lifetime, and that there is no fear of fitnah (trial, discord or temptation) either. Yes.
The presenter: Is there no effect on the ruling regarding whether it is transplanted from a non-Muslim to a Muslim?
The Shaykh: This is also a matter for consideration. Those who permitted it permitted it from a non-Muslim as well, just as his bone and blood and similar are transferred. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.