Question:
As-Salamu Alaikum wa Rahmatullahi wa Barakatuh,
Is it permissible to donate organs after death? In Michigan, each person is asked when filling out or renewing their ID card application if they wish to donate their organs after death, and a small red heart symbol is placed on the card if the answer is yes. Could you explain why it is or is not permissible to donate organs after death, considering that donating blood while alive is allowed?
May Allah reward you abundantly.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful,
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah (ﷺ), his family, companions, and those who follow him. To proceed:
There is no harm in donating organs after death, only if the organs are those that do not affect lineage, inheritance, or general personality traits, such as the testicles, ovaries, and nervous system cells, as stipulated by the decision of the Islamic Fiqh Council on this matter. Additionally, the deceased must have consented to this before their death while being fully competent, meaning an adult who is sane and mature, or his heirs must consent to it after his death. If the deceased is unidentified or has no heirs, the permission of the Muslim authority is required. Furthermore, the recipient must be protected in blood, meaning a Muslim or a peaceful non-Muslim. It is not permissible to donate to combatants. The donation must be voluntarily and not in exchange for compensation because the human body is respected and cannot be treated as a commodity to be bought and sold.
The decision of the International Islamic Fiqh Council states the following: “It is allowed to transplant an organ from the body of a dead person, if it is essential to keep the beneficiary alive, or if it restores a primary function of his body, provided it has been authorized by the deceased before his death or by his heirs after his death or with the permission of concerned authorities if the deceased has not been identified or has no heirs.
Seventh: It should be noted that the medical consent, in the above cases, for performing organ transplantation, is stipulated that it is not done for financial reasons (selling an organ), because under no circumstances should a person’s organ be sold. However, incurring expenses by a person searching for an organ or a voluntary compensation as a token of appreciation is a matter still under consideration and Ijtihād..”
Evidence for Permissibility of Donating to Peaceful Non-Muslims:
This donation falls under charity and benevolence, which is permitted for non-combatants, as it is included in the general meaning of Allah's saying: “Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.” (Al-Mumtahana: 8)
Al-Bukhari (2620) and Muslim (1003) narrated from Asma bint Abi Bakr (may Allah be pleased with her) that she said, “My mother came to me during the lifetime of Allah's Messenger (ﷺ) and she was a pagan. I said to Allah's Apostle (seeking his verdict), 'My mother has come to me and she desires to receive a reward from me, shall I keep good relations with her?' The Prophet (ﷺ) said, 'Yes, keep good relation with her.'”
And with Allah lies all success, and Allah knows best.
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Taken from fatawaalsawy.com
