NAME

SYED MUHAMMAD ZUHAIR

CLASS

S.E
ROLL NO.

EE-171
SECTION

D
DEPARTMENT

ELEVTRICAL ENGG.
 PREFACE
In the name of Allah, Most Compassionate, Most Merciful
Human beings are the most honoured creation among all creations of Allah. There many ways by
which Allah tested his most honoured creation human beings. Some times by giving everything or
some times by taking everything. He tested human from wealth, from children & some times by
disease. Diseases come to the human so, that Allah tested the faith & trust of human & Allah is the
only one who is able to recover from any disease & give health.

Holy Prophet (S.A.W) said:

"O' servants of Allah, seek treatment for your ailments, for surely He who has
created the disease has also given a cure for it. Those who are knowledgeable will
be able to discover this cure." (Related by Bukhari)
In modern era, medical sciences developed day by day & new & modern techniques of medicines
are introduced in few decades. One of them is organ transplantation which is commonly used in
different regions of world.

Organ transplantation is medical technique of treatment in which a damaged body part is replaced
by another person’s body part or from a donor site to another location on the person's own body.
This remedy is a matter of great debate in account of different religious aspects. As the topic of this
report is Islamic views on organ transplantation so, it will discussed this issue in the light of Quran,
Sunnah, Fiqh & interpretations of different well known Islamic scholars. Many scholars have
opinion in favour of organ transplantation while many have adversative opinion on this issue. Some
scholars remain silent on this issue. Shaykh Mufti Taqi Usmani is one of those who are reluctant to
voice their opinion, states that:

“After the compilation of the book ‘Islam’s ruling on organ transplantation’ (by his esteemed father,
the grand Mufti of Pakistan, Mufti Muhammad Shafi, in which he strongly emphasised the
impermissibility of organ transplantation, and which was also endorsed by Shaykh Taqi, m), I read the
various arguments in favour of organ transplantation, thus it has left me hesitant and uncertain in
this matter. As such, I now abstain from issuing any verdict.”

Allah knows best

2
 INDEX

S.No. CONTENT Page No.

1. INTRODUCTION 03 – 04
2. ORGAN TRANSPLANTATION 05 – 06
3. ISLAMIC CONCEPT OF ORGAN TRANSPLANTATION 06
4. VIEWS ABOUT IMPERMISSIBILITY OF ORGAN 06 - 08
TRANSPLANTATION
5. VIEWS ABOUT PERMISSIBILITY OF ORGAN 08 – 09
TRANSPLANTATION
6. ORGAN TRANSPLANTATION FROM A DEAD BODY 09 – 10
7. ORGAN TRANSPLANTATION FROM A LIVING BODY 10 – 11
8. LEGAL RULLINGS FOR DISSECTION OF BODY 11 – 12
9. INTERNATIONAL VERDICTS (FATAWA) 12 – 13
10. ORGAN TRADE 13 – 14
11. CONCLUSION 14 – 15
12. REFERENCES 16
13. BIBLIOGRAPHY 17

3
INTRODUCTION:
Almighty Allah has created the man as his most perfect creation among all of his creatures. He
created the man from clay initially and then repeats the human generation from sperm.

(Allah is He) who has made everything He created better, and He began the creation of the human (being) out
of clay . (Al – Sajda 32 : verse 7)

On another place Allah said in Quran that:

It is He Who has created you from dust then from a sperm-drop, then from a leech-like clot; then does he get
you out (into the light) as a child: then lets you (grow and) reach your age of full strength; then lets you become
old,- though of you there are some who die before;- and lets you reach a term appointed; in order that you may
learn wisdom . (Al – Mu’min 40 : verse 67)

Allah has created this universe to test the human that whether he acts according to its teachings or
against it.

(It is He) who crated death and life to test which of you is best in conduct; and He is the Mighty, the
Forgiving. (Al – Mulk 67 : verse 2)

Surely I have created all that is on earth as its ornaments that I may test which of them is best in conduct.
(Al – Kahf 18 : verse 7)

There are several methods or problems by which Allah tests the faith, sincerity & loyality of a
human. All the ups & downs come in a life of a human are actually the test of his faith. As Allah said
in Quran that:

And We will surely test you with something of fear and hunger and a loss of wealth and lives and fruits, but
give good tidings to the patient. (Al – Baqarah 2 : verse 155)

At another place in Quran, Allah said that:

Your wealth and your children are but a trial, and Allah has with Him a great reward.
(At – Taghabun 64 : verse 15)

As Allah mention various different problems & difficulties with which human is tested by Him.
Diseases are also a kind trial for a human & Allah is the only one Who provide the remedy & cure of
them in different foods & by teaching different methods of treatment to the human.

Then, eat of all fruits, and follow the routes that your Lord made easy. There comes forth from their bellies a
drink of varying colours, in which there is a cure for men. This is indeed a sign in that for people who reflect.
(An – Nahl 16 : verse 69)

Holy Prophet (S.A.W) said that:

There is no disease that Allah has created, except that He also has created its treatment." (Al-Bukhari)

4
There many hadith related to the medical treatment & remedy of diseases. In another hadith Holy
Prophet (S.A.W) said that:

Allah has sent down both the disease and the cure, and He has appointed a cure for every disease, so treat
yourselves medically, but use nothing unlawful." (Abu Dawud)

Another hadith about remedies is:

Usamah bin Sharik said, “Some Bedouins asked, ‘O Allah’s Messenger (PBUH)!, shall we treat (our illness)?’
He said, ‘Yes, O worshippers of Allah! Use remedies. For indeed Allah did not make a disease but made a cure
for it, except for one disease.’ They said, ‘O Allah’s Messenger (PBUH)! What is it?’ He said. ‘Old age.”
(Sunan Abu Dawud : 3855 & At – Tirmidhi 2038)

The above verse & some hadiths are related to the concept of medical treatment & cure of disease in
Islam. Now a days, as the science & technology develops different methods of disease cure & healing
& different techniques for the medical treatment. One of them is organ transplantation & donation
which will discuss in the light of Islamic views & teachings.

ORGAN TRANSPLANTATION:
Organ transplantation is medical technique of treatment in which a damaged body part is replaced
by another person’s body part or from a donor site to another location on the person's own body.
Organs and/or tissues that are transplanted within the same person's body are called Autografts.
Transplants that are recently performed between two subjects of the same species are called
Allografts.

Organs that can be transplanted are the heart, kidneys, liver, lungs, pancreas, intestine, and thymus.
Tissues include bones, tendons (both referred to as musculoskeletal grafts), cornea, skin, heart
valves, nerves and veins. Worldwide, the kidneys are the most commonly transplanted organs,
followed by the liver and then the heart. Cornea and musculoskeletal grafts are the most commonly
transplanted tissues.

As for a brief detail, organ transplantation which began in the sixteenth century has developed in
the course of time and transplantation of organ from a human being to another began in the
nineteenth century. This method of treatment, which firstly began as transplantation of skin, vein
and muscle, has developed through time to the level of transplanting vital organs such as heart,
liver, kidney, bone marrow and cornea. Since the second half of twentieth century, these
transplantations have begun to yield successful results. Now, organ transplantation is a source of
light and hope for life for many patients suffering from vital diseases all over the world. However,
although organ transplantation between human beings is such an important treatment method, it
has brought about some religious and legal problems and this issue has begun to be discussed by
various groups from different points of view.

The existence and distribution of organ transplantation procedures raise many ethical concerns.
Both the source and method of obtaining the organ to transplant are major ethical issues.
The World Health Organization argues that transplantations promote health, but the notion of

5
"transplantation tourism" has the potential to violate human rights or exploit the poor, to have
unintended health consequences, and to provide unequal access to services.

ISLAMIC CONCEPT OF ORGAN TRANSPLANTATION:

Islam is not only a religion but also a complete code of life that is given by Almighty Allah for the
mankind. As Allah said in Quran:

Indeed, this Qur'an guides to that which is most suitable and gives good tidings to the believers who do
righteous deeds that they will have a great reward. (Al – Isra 17 : verse 9)

In Islam, Permissibility of organ transplantation & donation is not specifically mention in the main
source of reference Quran & hadiths as it is one of the modern developments in medical sciences.
But as the Allah declared the Quran as guidance in the above verse therefore the solution of every
problem & difficulty of mankind can be interpreted from the principles given in Quran & the sunnah
of the Holy Prophet (S.A.W). So, the opinions of scholars regarding the organ transplantation are the
juristic interpretations (Ijtihad) that are based on Islamic legal regulations in the light of Quran &
hadiths.

The issue of organ transplant has been a matter of great debate and difference of opinion among the
great contemporary scholars over impermissibility & permissibility in Islam, from around the
globe. It has been discussed in various fiqh seminars, and many short and detailed works have been
compiled on this subject.

VIEWS ABOUT IMPERMISSIBILITY OF ORGAN TRANSPLANTATION:

 The human body is honoured by Allah:
As such, it is a well established principle of Shariah that all the organs of a human body,
whether one is a Muslim or a non-Muslim, are sacred and must not be tampered. To take
benefit from any part of a human is unlawful (haram).

And We have certainly honored the children of Adam and carried them on the land and sea and
provided for them of the good things and preferred them over much of what We have created, with
[definite] preference. (Al – Isra 17 : verse 70 )

At another placed Almighty Allah said in Quran:

It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven,
[His being above all creation], and made them seven heavens, and He is Knowing of all things.
(Al – Baqarah 2 : verse 29)

Allah Almighty made humans the best of creations and created everything for their benefit
& it is permissible for a human to take benefit from every creation of Allah which includes
animals (under certain conditions), plants and inanimate things. As such, it would be
unreasonable to place humans in the same category of the above things by giving

6
 permission to use parts and derive benefit out of their body that necessitates cutting,
chopping and amputating parts of the body. This is certainly unreasonable and unlawful on
a human body. A very famous Hadith also prevents the usage of human parts.

Sayyida Asma bint Abi Bakr (Allah be pleased with her) narrates that the Messenger of Allah (S.A.W)
said: “Allah’s curse is on a woman who wears false hair (of humans) or arranges it for others”. (Sahih
Muslim, no. 2122)

 Cutting & tampering the human body is prohibited:

This is supported by the verse of the Qur’an, where Allah Almighty mentions the words of
Satan that:

“And I will mislead them, and I will arouse in them [sinful] desires, and I will command them so they
will slit the ears of cattle, and I will command them so they will change the creation of Allah." And
whoever takes Satan as an ally instead of Allah has certainly sustained a clear loss.
(An – Nisa 4 : verse 119)

A hadith is also related that Cutting & tampering the human body is prohibited:

The Messenger of Allah (S.A.W) said: “Breaking the bone of a dead person is similar (in sin) to
breaking the bone of a living person”. (Sunan Abu Dawud, Sunan Ibn Majah & Musnad Ahmad).

The great Hanafi jurist and Hadith Imam, Abu Ja’far al-Tahawi (Allah have mercy on him)
writes in the explanation of this Hadith: “The Hadith shows that the bone of a dead person
has the same sanctity and honour as the bone of living person”. (Mushkil al-Athar).

 The human body and parts are not in our ownership:

It is a trust (amanah) that has been given to us by Allah Almighty. As such, it will be
impermissible for one to sell, give or donate any organs of his body. Islam has forbidden
suicide for the same reason. There are many texts of the Qur’an and Sunnah that clearly
determine this. Thus, it will be unlawful for one to give his organs to another.

 Unlawful for an individual to inflict harm upon himself or others:

The Messenger of Allah (Allah bless him & give him peace) said:

It is unlawful to inflict harm upon yourself and others. (Mustadrak of al-Hakim)

 Principle of Islamic jurisprudence:

1. The famous principle states: “Harm can not be removed by a similar harm” (meaning, in
order to remove harm from another individual, it is impermissible for one to harm
himself)”. (Ibn Najaym, al-Ashbah, P. 123).

7
 2. Another principle of Islamic jurisprudence states: “When the evidences of prohibition
conflict with the evidences of permissibility, preference is given to prohibition”. (Ibn
Nujaym, al-Ashbah wa al-Naza’ir).

In view of the above and other evidences, according to this group of scholars, it is unlawful to
transplant organs, whether it be of a living person or a dead body, and whether there is a need or
otherwise. In other words, there is no permissibility whatsoever for the transplantation or donation
of organs.

VIEWS ABOUT PERMISSIBILITY OF ORGAN TRANSPLANTATION:

 Qur’an and Sunnah permit the use of unlawful things in cases of extreme need and
necessity:
In case of Necessity, certain prohibitions are waived, as when the life of a person is
threatened the prohibition of eating carrion or drinking wine is suspended. Allah Most High
said in Quran:

He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been
dedicated to other than Allah . But whoever is forced [by necessity], neither desiring [it] nor
transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.
(Al – Baqarah 2 : verse 173)

The Qur’an also permits the utterance of disbelief (kufr) in order to save your life:

Whoever disbelieves in Allah after his belief... except for one who is forced [to renounce his religion]
while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them
is wrath from Allah , and for them is a great punishment. (An – Nahl 16 : verse 106)

The principle of Fiqh, based on the above Qur’anic guidelines, states: “Necessity makes
prohibition lawful” (Ibn Nujaym, al-Ashbah wa al-Naza’ir)

 With regards to the aspect of human sanctity:

Islam ordered us to honour a human body but did not prescribe any fixed methods for it.
Disgracing a human body may change from one time to another and from one place to
another. Thus, it could be said that the current procedure of organ transplantation is not
considered dishonouring a human body. The surgery is performed in the most respectable
way and it is not considered to be disrespectful. This is the reason why many highly
respected people of the community regard donating of organs as a mark of merit, and they
are not looked down upon.

Secondly, there are cases where Shariah overlooks the sanctity that is attributed to the
body, such as in the case of saving another human.

8
 1.It is stated in Tuhfat al-Fuqaha: “If a pregnant woman died and the child in her stomach is
still alive, her stomach will be cut open in order to take the child out, for in there is saving
the live of a human, thus the sanctity of a human body will be overlooked”. (Samarqandi,
Tuhfat al-Fuqaha, 4/261 & Badai’i al-Sana’i).

2. This is also based on the juristic principle: “If one is confronted with two evils, one should
choose the lesser of the two” (al-Ashbah wa al-Naza’ir).

 Islam permits a human in certain situations to utilize his body:

It is similar to the wealth which Allah Almighty has given a human, and he is permitted to
utilize it (in a correct manner) and give it as a gift. If an individual is drowning or is in the
midst of a burning flame, it is totally permissible to go and save him. Similarly, it will be
permissible to donate your organ in order to save the life of a fellow human being.

 Hardship begets facility

Organ transplantation is a facility made available to mankind as a means to overcome
hardship faced by patients with end-stage organ failure. This is supported by the following
Quranic verse:

The month of Ramadhan [is that] in which was revealed the Qur'an, a guidance for the people and
clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it;
and whoever is ill or on a journey - then an equal number of other days. Allah intends for you ease and
does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for
that [to] which He has guided you; and perhaps you will be grateful. (Al – Baqarah 2 : verse 185)

 Deeds are judged by their goals and purpose:

Under this legal maxim, all deeds are judged by their goals and purpose. The goal and
purpose of organ transplantation is to save the patient’s life. Organ transplantation is not
performed with the intention of humiliating or agonising the deceased. Instead, it is carried
out with the intention of saving a life.

In view of the above (according to this group of scholars), it will be permissible to transplant and
donate organs in order to save another person’s life. However, this is subject to certain terms and
conditions.

ORGAN TRANSPLANTATION FROM A DEAD BODY:

The commissions included Kuwait’s Fatwa Commission of the Presidency of Charity Foundations
and Religious Affairs (ordinance dated 24. 12. 1979, numbered 132/79 and ordinance dated
14.09.1981, numbered 87/81), Islamic Jurisprudence (Fiqh) Academy of Saudi Arabia which
operates under World Union of Islam, al-Azhar Fatwa Commission and Islamic Jurisprudence
Academy associated with The Organization of Islamic Conference in Egypt (ordinance dated
11.02.1988 and numbered 4/1) have adopted the same view and permitted organ transplantation
from a dead body to a living person under some specific conditions. The majority of contemporary

9
Islamic scholars have personally declared fatwa in the same way that the following conditions are
necessary for organ transplantation from a dead body to a living person to be permissible:

1. Organ transplantation must be vitally necessary.

2. Experts on the field must have a strong belief that the patient will recover with this treatment.

3. The dead person must have permitted organ donation before he died or if not, his inheritors must
permit organ donation.

4. Death must be confirmed to have occurred by both medical science and law.

5. Organ donation must not be priced and must not involve any personal interest.

6. The receiver must permit organ transplantation from a dead body.

The commissions and scholars in question usually put forward axioms (deduced from the Quran
and hadiths), which permit to perform haram things and use unclean or haram things for treatment
in case of obligation, and jurisprudential rules and opinions depending on them as evidence to their
fatwa on organ transplantation from a dead body.

ORGAN TRANSPLANTATION FROM A LIVING BODY:

As for organ transplantation from a living person to another living person, some contemporary
scholars and fatwa commissions found it permissible under some conditions. Kuwait’s Fatwa
Commission of the Presidency of Charity Foundations and Religious Affairs (ordinance dated 24. 12.
1979, numbered 132/79 and ordinance dated 14.09.1981, numbered 87/81), Islamic Jurisprudence
(Fiqh) Academy of Saudi Arabia which operates under World Union of Islam (ordinance dated
January 1928 in Mecca), and Islamic Jurisprudence Academy associated with The Organization of
Islamic Conference in Egypt (ordinance dated 11.02.1988 and numbered 4/1) have found organ
transplantation from a living person to another living person permissible under some conditions.
These conditions are listed as follows:

1. There must be an obligation.

2. The donor must permit it.

3. Organ donation must not harm the donor’s health and it must be proved by medical report.

4. Experts on the subject must have a strong belief that the operation and treatment will be
successful.

5. Medical and technical conditions must be adequate.

6. Organ donation must not be priced and must not involve any personal interest.

10
This fatwa is religiously based on the proofs mentioned above, especially on the verse:

Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for
corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he
had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed
many of them, [even] after that, throughout the land, were transgressors. (Al - Maidah 5 : verse 32)

CONDITIONS OF ORGANS TAKEN FROM PATIENT ON INTENSIVE CARE

DEVICE:

1- The heart and breathing must totally stop and experts must conclude that the patient cannot be
brought back to life.

2- All functions of the brain must totally stop and experts must conclude that it cannot be fixed and
the brain has already started to dissolve.

LEGAL RULLINGS FOR DISSECTION OF BODY:

It is a general rule in Fiqh in which it is prohibited to violate, harm or mutilate the dead body
whether it is a Muslim or non-Muslim cadaver, as an act of revenge, showing disrespect or doing so
without any good reason. There are exceptions to this general rule especially in the light when
there is a Necessity (Darurah).

"The Fuqaha of the Maliki and the Hanbal schools state that it is impermissible to dissect a
dead pregnant lady in order to retrieve the baby, as it is difficult to determine whether the baby is
alive. Because of this uncertainty, it should not be a cause to violate the sanctity of the dead. On the
other hand, the Fuqaha of Shafi'i allows this dissection to be carried out. Besides, to dissect a dead
body in order to remove valuable goods is allowed according to Jumhur except the Hanbal
school." (Ad-Durr al-Mukhtar 3/246).

Even though such dissections are allowed, it should be done within necessary limits without
overdoing it. Besides, the sanctity of the dead body has to be respected and handled properly.After
the investigation, bits and pieces should be gathered, the body should be closed by suturing itup
and finally shrouding the body. It is also allowable to perform any organ transplant such as the
human heart or the eye. This must bewith the condition that the donor is proven to be dead by a
specialist in the field. This is because thepriority is given to the living. The success of recovering
vision for a human is a wonderful gift and isdemanded by the Shara'.
The Permanent Committee for Legal Rulings (Fataawa) in Saudi Arabia conclude the following
regarding dissection on dead bodies:

1. Dissection to discover if there is a criminal act causing the death is sanctioned.

11
2. Dissection to see if there is a contagious disease and to then conclude how to stop its spread is
sanctioned.
3. Dissection for educational and training purposes is accepted.

This is another legal ruling about organ transplant. The Council which consists of scholars from all
the major Muslim Schools of Law in Great Britain, together with three distinguished lawyers has
considered the issue of organ transplant and resolved that:

 The medical profession is the proper authority to define the signs of death.
 Current medical knowledge considers brain stem death to be a proper definition of death.
 The Council accepts brain stem death as constituting the end of life for the purpose of organ
transplant.
 The Council supports organ transplant as a means of alleviating pain or saving life on the basis
of the rules of Shari'ah.
 Muslims may carry donor cards.
 The next of kin of a dead person, in the absence of a donor card or an expressed wish of the
dead person to donate his organs, may give permission to obtain organs from the body to save
other people's lives.
 Organ donation must be given freely without reward. Trading in organs is prohibited.

INTERNATIONAL VERDICTS (FATAWA):

Fatwa of the Senior Ulama Council of Saudi Arabia: As early as 1967, the Senior Ulama Council
of Saudi Arabia has permitted cornea transplant. In 1982, the Senior Ulama Council of Saudi Arabia
permitted the transplant of whole or parts of organs from cadaveric donors to living persons
provided that there is no other alternative. This council also unanimously permits living organ
transplant.

Fatwa of Kuwait: In 1979, the Kuwaiti Council of Fatwa ruled that the act of transplanting organs
from the deceased is permissible, with or without the deceased’s consent. This fatwa is issued
because there is a dire need (emergency) to save life. For living donors, the decree for
transplantation is also permissible. However, it is prohibited if the organs that are to be
transplanted are organs that can result in death if transplanted, for example heart and lungs.

Fatwa of Majma’ al-Fiqh al-Islami: In its fourth conference in Jeddah, Saudi Arabia on 11th
February 1988, Majma’ alFiqh al-Islami issued a fatwa that permits organs from a deceased person
to be transplanted to a living person if the life of the organ recipient depends on the organ to be
received provided that consent is obtained from the donor before death, or from the deceased’s
guardians after death, or from the head of the Muslim community if the deceased cannot be
identified or does not have any next of kin. This fatwa also emphasizes on the prohibition of trading
and smuggling of organs. In its working session held on 17th October 1987, Majma’ al-Fiqh al-Islami
recognized the concept of brain death as death. The decree stated that a patient who is attached to a
resuscitation apparatus, if has been confirmed by three specialists that there is total cessation of all
cerebral functions, the apparatus can be switched off although the patient’s cardiac and respiratory
systems still function with the aid of the device.

12
Shariah Rulings:

1. It is permitted to transplant or graft an organ from one place of a person’s body to another, so
long as one is careful to ascertain that the benefits of this operation outweigh any harm that may
result from it, and on the condition that this is done to replace something that has been lost, or to
restore its appearance or regular function, or to correct some fault or disfigurement which is
causing physical or psychological distress.

2. It is permitted to transplant an organ from one person’s body to another, if it is an organ that can
regenerate itself, such as skin and blood, provided that the donor is mature and fully understands
what he is doing, and that all the other relevant shariah conditions are met.

3. It is permitted to use part of an organ that has been removed from the body because of illness to
benefit another person, such as using the cornea of an eye removed because of illness.

4. It is unlawful (haram) to transplant or use an organ on which life depends, such as taking a heart
from a living person to transplant into another person.

5. It is unlawful (haram) to take an organ from a living person when doing so could impair an
essential and vital function in his body, even though his life itself may not be under threat, such as
removing the corneas of both eyes. However, removing organs which will lead to only partial
impairment is a matter which is still under scholarly discussion.

6. It is permitted to transplant an organ from a dead person to a living person when his life
depends on receiving that organ, or when vital functions of his body are otherwise impaired, on the
condition that permission is given either by the person before his death or by his heirs, or by the
leader of the Muslims in cases where the dead person’s identity is unknown or he has no heirs.

7. Care should be taken to ensure that in all of the above situations where transplantation is
permitted, no buying or selling of organs is involved. It is not permitted to trade in human organs
under any circumstance. However, the question of whether the beneficiary may spend money to
obtain an organ he needs, or to show his appreciation, is a matter which is still under the research
of the scholars.

8. Anything other than the scenarios described above is still subject to scholarly debate, and
requires further detailed research in the light of medical research and shariah rulings. And Allah
knows best. (Qararat wa tawsiyat majma’ al-fiqh al-Islami, P. 59-60).

Islamic Fiqh academy of India:

The Islamic Fiqh academy of India also discussed this issue, and one of their members who is
recognised as a renowned scholar Shaykh Ubaid Allah al-As’adi (Allah preserve him) compiled a
very extensive article. The following are summarized points of some of the conditions mentioned in
his article (that have not been mentioned in the above resolutions):

1. There should be no other reasonable alternative availible in the view of experienced medical
experts.

13
2. All efforts should be made to avoid transplanting of a non-Muslim’s organ into a Muslim and vice
versa. If this is not possible, only then the organ of a non-Muslim may be used.

3. Only the organs of a dead person should be used. However, if that is not possible, then only will it
be permissible to use the organ of a living person.

Fatwa of Majma’ al-Fiqhi al-Islami al-Hind: Majma’ al-Fiqhi al-Islami al-Hind (Islamic Fiqh
Academy, India) was established to facilitate Muslims in India in addressing issues relating to
Islamic law. During a conference in New Delhi in March 1989, a fatwa that permits the replacement
of a patient’s organ with another person’s organ on the basis of emergency was decreed. Organs can
be donated either from living or cadaveric donors.

Fatwa of Dr. Yusuf al-Qaradawi: Dr. Yusuf al-Qaradawi, a well-known contemporary scholar from
Egypt, stated that the donation and transplantation of organs from a living or a deceased person is
permissible in critical and crucial situations provided that the act does not bring significant harm to
the donor or those who have the rights on the donor. He also stressed on the permissibility of organ
donations to non-Muslims, and prohibition of organ trading. Legal guardians are allowed to donate
organs of their deceased family member who has not instructed otherwise, and it is permissible for
Muslims to receive organs from non-Muslims.

ORGAN TRADE:
Almighty Allah states in Quran that:

And We have certainly honored the children of Adam and carried them on the land and sea and provided for
them of the good things and preferred them over much of what We have created, with [definite] preference.
(Al – Isra 17 : verse 70 )

The fact that humankind is honored by Allah can also be deduced from the fact that it is
impermissible to enslave a free person and sell him as a slave (Ibn Mitfah, Sharhu’l-Azhar 3/30; Ibn
Hazm, al-Muhalla 9/17; al-Huliyy, Sharaiul Islam 2/16).

This judgment is also fixed by hadith in which Imam Bukhari and others narrated from Abu
Huraira, the Messenger of Allah (pbuh) says:

Allah the Glorious said: There are three people, to whom I will be enemy on the Doomsday: 1- One who swears
for something on My name and then does not keep it. 2- One who sells a free person as a slave and then spends
money earned from it. 3- One who hires someone and then does not pay him although he has completed the
work.” (Ibn Hajar, Fathu’l Bari, IV, 417; al-Ayni, Umdatul-Qari, XII, IV)

Just like it is impermissible to sell a human being, it is also impermissible to sell a part of him, that
is, an organ of his, because this trade includes insult to human beings and their organs and
degrading. Hanafi jurisprudents support this view. They say, basing their opinion on the hadith
narrated from Abu Huraira written above, “If selling and buying a free person is impermissible, it is
also impermissible to sell any of his part too, because the judgment about his parts is the same as
the judgment about him.” (Kamalu’d-Din, Muhammad bin Abdul-Wahid, Sharhu Fathu’l-Qadr, VI,
63).

14
CONCLUSION:
Almighty Allah said in Quran that:

He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to
other than Allah . But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is
no sin upon him. Indeed, Allah is Forgiving and Merciful. (Al – Baqarah 2 : verse 173)

After the brief description on the issue of organ transplantation in the guidance of Quranic verses,
hadiths & different opinions of well known scholars on permissibility & impermissibility of this
type of medical treatment, it is consider that the life of human being is much important as human
being is hounoured as dignified among all of creation that created by Allah. So, in some extreme
conditions as Allah gives permission to use things which are prohibited in Islam for saving the
human life similarly, medical treatment like organ transplant can be used for saving the human life
under the conditions that are specified by different well known religious scholars in the guidance of
Quran & hadith.

If the donor is alive then it is necessary to check that there will be no harmful effect occur in the
body that causes problems for him while if organ taken from a dead body then it is also a religious
responsibility to take permission of donation before his death or if not then from his inheritors.

In last, one may follow any of the above two viewpoints, as they are both from great scholars of
Islam. If one acts on the view of permissibility, then it would be advisable, as a precautionary
measure, to seek forgiveness from Allah and donate something in charity.

15
REFERENCES:

1. Al – Quran

2. Al-Bukhari

3. Abu Dawud

4. At – Tirmidhi

5. Sahih Muslim

6. Sunan Ibn Majah

7. Musnad Ahmad

8. Mustadrak of al-Hakim

9. Mushkil al-Athar

10. Ibn Najaym, al-Ashbah

11. Samarqandi, Tuhfat al-Fuqaha, 4/261 & Badai’i al-Sana’i

12. Al-Ashbah wa al-Naza’ir

13. Ad-Durr al-Mukhtar 3/246

14. wa tawsiyat majma’ al-fiqh al-Islami, P. 59-60

16
BIBLIOGRAPHY:
1. Article: “Is organ transplant is permissible?” by Mufti Muhammad ibn Adam, Darul Iftaa
(Leicester, UK).

2. Article: “Organ transplant” by Muhammad Afifi al-'Akiti, (Belfast), published on 18 March 1996.

3. Article: “Creation and Evolution in the Holy Quran” by Hassan Ali El-Najjar, published on
29 October 2007.

4. Book: “Organ transplantation from the Islamic perspective” by MINISTRY OF HEALTH, MALAYSIA
in collaboration with MALAYSIA DEPARTMENT OF ISLAMIC DEVELOPMENT (JAKIM).

17