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Blood And Organ Donation

Answered as per Hanafi Fiqh by Darulifta Azaadville

Question:

kindly inform me if blood donation and organ donation is permissible in Islam. Will the fatwa be any different if the situation is dire or if the donation is after death. 

The donation I am asking about is not for experiments but for helping someone in need.

Answer:

Ulema have written that a human being is does not own any of his organs or body parts which affords him the opportunity to deal with his body as he wishes. Therefore, it is not permissible for him to sell his organs to another human being nor is it permissible to donate them. There are many examples recorded in the books of jurisprudence from which this ruling can be understood. 

It is mentioned in Fataawa Qaadhi Khan about a person who is suffering from starvation as a result of which he fears that he will lose his life. He is unable to find even a dead animal which can be eaten in order to save his life. At such a time, another human being proposes to him that he many cut off his hand and consume it to save his life, or he may remove a piece of flesh from any portion of his body. With regard to this, the Fuqaha have written that it is not permissible to cut the hand of this person, nor is it permissible to remove flesh from his body, nor is it permissible for any person make an offer or proposal in the above manner. 

This is the very reason for which Islam has prohibited suicide. The human being does not own his soul thus he is not at liberty to take his life. Based on this, it is not permissible to remove the organ of one human and transplant it into the body of another.

 The Fuqaha have mentioned a principle which states,

 

الضرر لا يزال بالضرر

A harm cannot be removed (at the expense of) another harm

 Fataawa Alamghiri states that it is not permissible to take and utilize any part of another human’s body. The reason for impermissibility is either impurity (that exists) in the various parts of the human body or honour that is afforded to the human body. However, the correct view with regard to the basis of this impermissibility is the honour afforded and accorded to it by Allah c. This is proven from the Quraan Sharif as Allah c states,

 

ولقد كرمنا بنى اٰدم

Most certainly we have honoured the son of Adam 

It is recorded in a Hadith of Rasulullah g that a woman that indulges in the occupation of joining human hair to the hair of other humans (so that the length of her hair increases), or the woman that has the hair of others joined to her own hair is cursed. Allama Shaami r has written that joining of hair (to increase the length of one’s hair) is Haraam whether one uses the hair of other women or any other human hair, due to the above-mentioned Hadith. (This proves clearly that using the hair and parts of another human being is not permitted). 

Based on these factors we conclude that all forms of organ donations are impermissible. 

However, an objection may arise here, that there is a possibility that the patient will benefit from such a donation. Notwithstanding that, based on the principle which states, “the sin outweighs the benefit”, it will be impermissible. Another factor is that there is humiliation of the human being by approving such organ donations, in the sense that human organs will eventually become a commodity of sale on the market. Also, there is a possibility of the health of the donor deteriorating due to such a donation and eventually a fear of losing his life, whilst there is no guarantee that the patient that received the organ will be cured with certainty. There are cases where people lost their lives even after the organ transplant thus the view of our Darul Ifta is that organ donations are impermissible. 

One would be allowed to donate blood whenever the call for donations is made, even though there may not be (at that specific moment) an urgent appeal made for a patient who is in dire need. The donor, however, should donate his/her blood with the intention that the blood must be used in times of extreme necessity for someone who is in dire need of it. At the same time, the donor should take his/her own health also into account, that in the fervour of donating blood, so much should not be donated that results in the donor becoming weak and ill. 

The difference between blood donation and organ transplant is that blood regenerates and organs don’t. Additionally, our illustrious Fuqaha have permitted the usage of blood as a treatment in dire circumstances. Hence, this should not be a cause for any befuddlement. 

The answers have been paraphrased from the Darul Iftaa archives.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

  Fataawa Qaadhi Khan pg.365 Kitaab-ul-Hazri wal Ibaahah

  Al Ashbah Wan Nazaair pg. 109 

  Fataawa Alamghiri pg.236 vol.6

  Shaami pg.328 vol.5

  Fataawa Rahimiyyah pg.170/171 vol.10

  Fataawa Nizamiyyah, Kitaabul-Hazr wal Ibaahat Pg. 391

 

Original Source Link

This answer was collected from the official Ifta website of Darul Uloom Azaadville, South Africa. Most of the answers are checked and approved by Mufti Muhammed Saeed Motara Saheb D.B.

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