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Organ Transplant, etc in Islam

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Is organ transplant and dissecting of the body permissible in Islam?  It will be greatly appreciated if the answer is explained in detail.  Jazakallah


Answer:

 

                  

 

Organ transplant and Organ donation is a controversial issue amongst the contemporary Ulamaa. Both the schools of thought i.e. the one favouring and the one apposing it have their respective Dalaail (proofs)

The ones apposing it hold the view that the mutilated organ is impure and they also have the concept that human beings are not the owners of themselves and that the human body is a trust from Allah given in ones procession and so on. However their main reason for disapproving is that Organ transplant or donation goes against the preservation of human dignity. Those jurist who are in favour of these operations take into consideration those principles of Islamic Jurisprudence which allows something forbidden to be considered as permitted on the basis of exigency and indispensability, or they take into consideration those principles which consider it proper to provide relaxation in case of difficulties. They also take into account those verses of the Holy Qur’aan which allow something forbidden to be used due to some compelling situation or concealing of the truth from an enemy to save ones life. Hazrat Moulana Khalid Saifullah (DM) holds the latter view and regards organ transplant and donation to be permissible with the following few conditions:

 

  1. The transplant or donation will help in saving a patient’s life or a vital organ of his body.
  2. A discerning and well versed doctor hold a strong view that there is a great chance of regaining health.
  3. If the organ is been acquired from a deceased body then it is important that he/she granted permission in their lifetime and their inheritors also approve.
  4. The person donating a organ also granted permission and by donating a limb he does not suffer any grave harms.

Also, it is permissible to use a non- Muslim’s limb in order to save or cure a Muslim. According to the Hanafi school of thought it is permissible to buy a limb at a time of need, though not permissible to sell ones limb.

(Jadeed Fiqhi Masaail, Vol. 2, Page 401)          

And Allah Ta’ala knows best

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

22 July 2004

04 Jumaadul Ukhraa 1425

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