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Unregistered
05-09-2012, 11:26 PM
Is it permissible for muslims to donate their organs upon dying,to benefit another human being?

Mufti Yusuf Moosagie
07-09-2012, 11:38 AM
It is not permissible to donate one's organs or to have organ transplants done even if there be a dire necessity for it. The usage of man's organs is not permissible because of the nobility and respect of man, as stated in Fataawa Aalamgiriya vol.5 pg.354:

الإنتفاع بأجزاء الآدمي لم يجز قيل للنجاسة و قيل للكرامة هو الصحيح

Whether a person is living or dead, it is not permissible to use any part of his body. Firstly, due to his respect and secondly, due to the pain and difficulty he undergoes in that limb being removed. Rasulullah sallallahu alaihi wasallam is reported to have said that the breaking of the bone (limb) of a dead person is equal to the breaking of the bone (limb) of a living person (i.e. in pain). (Ref: Sunan Abu Dawood vol.2 pg.102 and Muatta Imaam Maalik pg.90)

In Fatâwa Âlamgiriyah, the law of using a part of a human's body is explained in the following manner:
مضطر لم يجد ميتة و خاف الهلاك فقال له رجل اقطع يدي و كلها أو قال اقطع مني قطعة وكلها لايسعه أن بفعل ذلك و لايصح أمره به كما لا يسع للمضطر أن يقطع قطعة من نفسه فيأكل كذا في فتاوى قاضيخان
Trans: "A person who is مضطر "mudhtar" (a person starving to death) does not even find a dead animal (which can be eaten in this state of hunger) and fears losing his life. Another person tells him that cut my hand and eat it, or he says that cut a piece (from my body) and eat it, he is not allowed to do that and the person's commanding him to do so is incorrect, in the same manner as it is incorrect for this person (who is starving and does not have anything to eat) to cut a piece of his own body and eat it."
(Ref: Fatâwa Âlamgiriyyah vol.5 pg.338)

Thus, it is not permissible to donate an organ or have an organ transplants done, as stated in Fatâwa Mahmoodiyah vol.12 pg.432 & vol.14 pg.429 and Fatâwa Rahimiyyah vol.6 pg.262 & vol.6 pg.285.