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Is it permissible to donate or accept human organs? Is zakat payable on the house or land as well as the flow income?

Answered according to Hanafi Fiqh by AskOurImam.com

Salam

I have two questions …

  1. My first question is about donation of Human organs. I want to know does Islam permit us to donate our organs like eye, kidney etc. after our death. Similarly, if anyone is in need to replace his / her organ, does our religion permit the person to adopt another`s organ?
  2. My second question is about Zakaat. If a family inherit a worthy house or land but that house / land is not giving any income. At the same the family`s income is just at the subsistence level. In this case how to pay Zakaat. Whether the family should pay Zakaat only on the flow income or he should sell his house / land and pay the Zakaat.

Please make me clear about both the issue.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

  1. The issue of organ transplant has been discussed by the Islamic Fiqh Academy in their Second Fiqhi Seminar held in Delhi. After much academic deliberations and input from medical experts, the Academy concluded that it is not permissible to bequest the donation of one`s organs after death[1].
  2. We are unable to respond to your query due to the ambiguity in it. You may rephrase your query and resend to us.

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

 

References
[1]

[Juristic Decisions on some Comtemporary Issues, (Islamic Fiqh Academy (India), p. 162, Dar al-Kutub al-`Ilmiyyah]

مضطر لم يجد ميتة وخاف الهلاك فقال له رجل اقطع يدى وكلها او قال اقطع مني قطعة وكلها لا يسعه ان يفعل ذالك ولا يصح امره به كما لا يسع للمضطر ان يقطع قطعة من نفسه فياكل

[Al-Fatawa al-Alamgiriyyah, 5:338, Dar al-Fikr; Fatawa Qadhi Khan, 3:247; Al-Muhit al-Burhani, 5:381; Khulasah al-Fatawa, 2:33]

ولقد كرّمنا بني آدم

[Al-Qur`an, 17:70]

ولنا أن عدم الإنتفاع والبيع لكرامته

[Al-Hidayah, 1:23]

الانتفاع بأجزاء الآدمي لم يجز قيل للنجاسة وقيل للكرامة هو الصحيح كذا في جواهر الأخلاطي

[Al-Fatawa al-Alamgiriyyah, 5:354, Dar al-Fikr]

For a lengthy discussion on organ transplants and blood donation, see: [Ahsan al-Fatawa, 8:270-86, H.M. Saeed Company, Karachi & Jawaahir al-Fiqh, 7:51-64, Maktabah Darul-Uloom Karachi; Jadeed Fiqhi Masaa`il, 5:59, ]

This answer was collected from AskOurImam.com, which is operated under the supervision of Mufti Hanif Yusuf Patel. He graduated from Jamiatul Ilm Wal Huda, Blackburn, U.K, with a distinction in Alimiyyah degree. He thereafter travelled to Darul Iftaa Mahmudiyyah Durban, South Africa, to train as a Mufti under the tutelage of Mufti Ebrahim Desai and Mufti Husain Kadodia.

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