Impermissibility of organ donation
Question:-
A question has arisen regarding organ donation. Some are equating organ donation when in severe need, to stepping into a fire to save another who’s life is in danger. What is our answer to this type of reasoning?
Answer:-
The Ulema have written that the human being is not the actual owner of any of his organs or body parts which affords him the opportunity to deal with them as he wishes. Therefore, it is not permissible for him to sell his organs to another human being, nor is it permissible for him to donate them (free of charge). There are many examples recorded in the books of jurisprudence where this Mas’ala/ruling can be understood.
Fataawa Qaadhi Khan discusses a Mas’ala with regards to a person suffering from starvation who fears losing his life. He is unable to find even a dead animal which can be eaten in order to save his life. Another person proposes that he may cut off his hand and consume it to save his life, or he may remove a piece of flesh from his body and consume it, so that his life may be saved. 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 the person to propose such an option.
[Ref:- Fataawa Qaadhi Khan pg.365 Kitaab-ul-Hazri wal Ibaahah]
This is the very reason because of which Islam has prohibited suicide. The human being does not own his body thus, he is not at liberty to take his life. Similarly, it is not permissible to donate an organ.
The Fuqaha have mentioned a principle which states:
الضرر لا يزال بالضرر
A harm cannot be removed (at the expense of) another harm (hence it is not permitted for one to endure the harm of having his organs removed to save another person from harm)
[Ref:- Al Ashbah Wan Nazaair pg. 109 ]
Fataawa Alamghiri states that it is not permissible to utilize the body parts of another human being. The reason cited is that impurity exists in various parts of the human body, or, honour has been afforded to the human body, hence it is not permitted. The correct view is that honour has been afforded to the human being by Allah Ta’ala. The Quraan Sharif states:
ولقد كرمنا بنى اٰدم
Most certainly we have honoured the son of Adam
[Ref:- Fataawa Alamghiri pg.236 vol.6]
It is recorded in a Hadith of Rasulullah Salallahu Alaihi Wasallam that a woman who joins (human) hair to the hair of other humans (to increase the length of the hair), or a woman who allows the hair of others to be joined to her own hair is cursed. Allama Shaami Rahmatullahi Alaih has written that joining of hair (to increase the length of one’s own hair) is Haraam whether one uses the hair of other women or any other humans, due to the above-mentioned Hadith. This again clearly proves that using the hair (and body parts) of other human beings is not permitted.
[Ref:- Shaami pg.328 vol.5]
Based on these factors, we conclude that all forms of organ donation are impermissible.
However, an objection may arise here, that there is a possibility that the patient will benefit from such a donation. Based on the principle, “the sin outweighs the benefit”, it will not be permissible. Also, in permitting organ transplants, there is a fear of humiliation, as human organs will eventually become a commodity of sale on the market. Also, there is a possibility of the donor’s health deteriorating due to donating his organ and eventually losing his life, and at the same time there is no guarantee that the patient that received the organ will be cured with certainty. [Ref:- Fataawa Rahimiyyah pg.170/171 vol.10] There are cases where people have passed away immediately after completing an organ transplant. In light of the above, the view of our Darul-Ifta is that organ donations or transplants are not permissible.
The analogy used in the question is incorrect and baseless. In the case where a person enters a fire to rescue a trapped individual, he is not violating any law of Shariah as he is not prohibited from rescuing a trapped person, whereas in the case of an organ donation, one is violating the laws of Shariah due to the prohibitions mentioned above, thus the analogy is incorrect.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 19 Dhul Hijjah 1444 / 08 July 2023