Many Islamic scholars and Jurists have written on the subject of organ transplant. Over the decades, medicine has improved and advanced dramatically, taking medical technology to extreme heights.
Today, through the vast medical advancement, almost any transplant of the human body can be performed. Owing to the technological medical changes, prominent and renowned jurists of the world have carefully analysed the process of organ transplant and upon investigation made the following observations:
1. When any person’s limb or organ becomes unusable and that limb or organ is needed to function in the future by a suitable replacement then the following conditions must be considered.
Use of a non-living component.
Use the limb of those animals permissible to eat and slaughtered according to the Islamic rites of slaughter.
There is almost certain fear of loss of life or danger of losing the limb/organ and the replacement is only found in Haraam animals or in permissible animals (which can be eaten) but not slaughtered according to Islamic rites, then use of such a component will be permissible. However, if there is no imminent danger of loss of life then it will not be permissible to use anything from the pig.
2. Similarly, a transplant of any nature whatsoever is permissible from one part to another part of the body of the same person when necessary.
3. The sale of any part of the human body is Haraam.
4. If any ill person reaches a stage that a specific organ becomes unusable (to such an extent) that if a human organ is not replaced into the body then there is an immediate danger of loss of life — the human organ is the only suitable replacement and medical experts are absolutely certain that besides the human organ, there is no other life-saving substitute and the patients’ life is in danger, and the human organ is easily available to the patient, then in that dire need a human organ transplant (to save one’s life) will be permissible for the sick.
5. When a perfectly healthy person on the advice of an expert physician confirms that the removal of one kidney will not harm nor cause ill-health whatsoever and considering the deteriorating health of his sick immediate family member which may cause death and there is no other alternate or substitute then this will be permissible with the condition that the kidney be donated and not sold.
The bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai