Organ Transplantation in Islam – Is it Permissible to Donate Organs?

Introduction

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When it comes to donating organs on which life depends—such as the heart or liver—the act is considered impermissible unanimously by the scholars. This is because removing such organs directly results in the donor’s death, which amounts to taking a life which is strictly prohibited in Islamic law.

However, when the transplant or donation involves organs that life does not depend on, such as a kidney or blood vessels, scholars have expressed two major opinions on the ruling:

• It is permissible to transplant human organs under specific conditions.
• It is not permissible to transplant human organs under any circumstances

Fatwas Permitting Organ Transplantation in Islam

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A number of respected Islamic bodies and scholarly councils have issued fatwas permitting organ transplantation in Islam, provided it does not cause harm or death to the donor. These include:

• The International Islamic Conference held in Malaysia.
• The Islamic Fiqh Council (as cited in Fatwa).
• The Council of Senior Scholars in Saudi Arabia.
• Fatwa Committees in Jordan, Kuwait, Egypt, and Algeria.
• Islamic Fiqh Academy of India

This view is also supported by prominent scholars and several jurists and researchers.

Regarding the sanctity of the human body

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With regards to this, two key points must be considered:

Firstly, while it is indeed true that the human body—whether living or deceased—deserves honor and respect, the question arises whether modern medical procedures violate this sanctity. Islam commands us to respect the human body but does not specify fixed methods for doing so. What constitutes disrespect or dishonor may vary across different times and cultures.

Therefore, it can be stated that modern organ transplantation does not necessarily breach the sanctity of the human body. Such surgical procedures are carried out with great care and dignity, and they are not viewed as acts of disrespect. In fact, many esteemed members of society consider organ donation to be an honorable and commendable act, not something to be condemned.

Secondly, there are circumstances in which Islamic law permits overlooking the bodily sanctity—such as when it is done to save another human life.

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)

This is also based on the Qaida (juristic principle): “If one is confronted with two evils, one should choose the lesser of the two.”

With regard to the belief that a person does not own his body, Islam allows an individual, in certain circumstances, to make use of it. This is comparable to the wealth that Allah Almighty has bestowed upon a person, which he is permitted to use lawfully and even gift to others.

For example, if someone is drowning or trapped in a fire, it is entirely permissible to risk one’s own safety to rescue that person. In the same way, it is permissible to donate one’s organ if it serves the purpose of saving another human life.

Nearly all scholars permit blood donation and transfusion in cases of necessity or urgent need. Similarly, the surgical process of transplantation is carefully conducted to avoid any unnecessary mutilation of the body. It closely resembles medical surgeries performed on a living person for therapeutic or treatment purposes.

What is the Most Convincing and Prevailing Opinion?

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The prevailing and more convincing opinion among scholars is that organ donation and organ transplantation in Islam are permissible when they do not result in the donor’s death and are done to save or improve another person’s life.

Supporting this position, the Islamic Fiqh Council of the Organization of the Islamic Conference (OIC) issued resolutions after comprehensive discussions involving both Islamic jurists and medical experts. Let’s quote them here in full because of the medical and shari information they contain.

Resolutions of the Islamic Fiqh Council (OIC)

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In statement no. 26 concerning one person benefiting from the body parts of another, living or dead, it says:

“The Islamic Fiqh Council which convened in the fourth conference in Jeddah in the Kingdom of Saudi Arabia from 18-23 Jumada al-Akhira 1408 AH/6-11 February 1988 CE, after studying fiqhi and medical research submitted to the Council concerning the issue of one person benefiting from the body parts of another, living or dead, has determined the following:

In light of the discussions that highlighted the fact that this issue is something that came about as a result of scientific and medical advances, with clear positive results that in many cases are accompanied by psychological and social harm if it is practiced without shar’i guidelines and controls that protect human dignity and also seek to achieve the aims of shari’ah which tries to achieve all that is good and in the best interests of individuals and societies and promotes cooperation, compassion and selflessness,

And after highlighting the main points of this topic whereby it may be discussed and categorized, the following was determined:

With regard to definition:

Firstly: What is meant here by ‘organ’ is any part of a person, be it tissues, cells, blood and so on, such as the cornea, whether it is still attached or has been separated.

Secondly: The use or benefit that is under discussion is a benefit that is dictated by necessity in order to keep the beneficiary alive or to keep some essential or basic function of his body working, such as his sight and so on, provided that the beneficiary is one whose life is protected by shari’ah.
Forms of organ transplant

Thirdly: These kinds of benefits or use are divided into three categories:

1. Transplant of organ from a living person.
2. Transplant of organ from a dead person.
3. Transplant from a fetus.

Transplant of Organ from a Living Person

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This category “Organ Transplantation in Islam from a Living Person” includes the following:

1) Transplant of an organ from one place in the body to another place in the same body, such as transplanting skin, cartilage, bones, veins, blood and so on.

2) Transplant of an organ from the body of a living person to the body of another person.

Organs in this case may be divided into those on which life depends and those on which life does not depend. With regard to those on which life depends, they may be singular organs, of which there is only one in the body, or there may be more than one. The former includes organs such as the heart and liver, and the latter includes organs such as the kidneys and lungs.

As for those on which life does not depend, there are some that control basic functions in the body and some that do not. There are some that are renewed automatically, such as blood, and some that are not; there are some that have an effect on offspring and on the genetic makeup and personality of the individual, such as testicles, ovaries and cells of the nervous system, and some that do not have any such effect.

Transplant of Organ from a Dead Person

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It may be noted that death falls into two categories:

1) Brain death in which all bodily functions cease completely and cannot be brought back medically.

2) Where the heart and breathing cease completely and cannot be brought back medically.

Both of these categories were discussed in the resolution passed by the Council in its third session.

Transplant from a Fetus

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Use or benefits in this case fall into three categories:

1) Where the fetus is aborted spontaneously (miscarriage).

2) Where the fetus is aborted deliberately by medical or criminal means.

3) Where fertilization is done outside the uterus.

Shar’i Rulings on Organ Transplants

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With regard to Shar’i rulings, as mentioned in the Resolution No. 26 (1/4) of the Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, in its 4th session held in Jeddah, Kingdom of Saudi Arabia, on 18–23 Jumada al-Akhira 1408h (6–11 February 1988) 1,

It says:

1) It is permissible to carry out organ transplantation in Islam from one part of a person’s body to another, provided that the anticipated benefit is greater than any potential harm. This permission applies when the procedure aims to replace a lost or missing organ or body part, restore its normal shape or function, or correct a defect or deformity that causes the person physical or psychological distress.

2) It is permissible to perform organ transplantation in Islam by transferring an organ from one person’s body to another, provided the organ can naturally regenerate, such as blood or skin. However, it is essential that the donor is fully qualified and meets all the necessary shar‘i (Islamic legal) conditions.

3) It is permissible in Islam to utilize organs taken from another person’s body due to illness — for example, using the cornea from the eye of someone whose eye was removed because of a medical condition.

4) It is haram to carry out organ transplantation in Islam if this organ is the one on which life depends, such as transplanting the heart from a living person to another person.

5) It is haram (forbidden) to perform organ transplantation in Islam by removing an organ from a living person if its removal would cause the loss of an essential bodily function, even if the person’s life does not depend on it — for instance, taking the corneas from both eyes. However, if some degree of function remains after removal, the ruling becomes subject to further scholarly discussion, as explained later in section 8.

6) It is permissible under organ transplantation in Islam to transfer an organ from a deceased person to a living individual whose survival or essential bodily functions depend on it. This is allowed on the condition that consent was granted by the deceased before death, or by his heirs after his passing, or—if the deceased’s identity is unknown and he has no heirs—by the legitimate Muslim authorities overseeing such matters.

7) It should be emphasized that the permissibility of organ transplantation in Islam, as mentioned earlier, is subject to the condition that this is not done by selling the organs, since selling any part of the human body is strictly prohibited under all circumstances. However, if the recipient spends money to acquire the necessary organ, offers compensation, or honors the donor in some form, such matters are open to ijtihad (independent scholarly reasoning) and require further discussion among scholars.

8) All cases having to do with this topic are subject to further research and discussion, and they should be studied and discussed in a future session in light of medical data and shar’i rulings.

[Quoted from “Qaraar majma al-fiqhi al-Islami, P. 59-60”]

Conclusion

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In conclusion, organ transplantation in Islam is a complex issue that balances between preserving the sanctity of the human body and fulfilling the higher objectives of the Sharī‘ah — namely, saving human life and alleviating suffering.

After careful study of the Qur’an, Sunnah, and the collective resolutions of recognized Islamic juristic councils, the strongest and most widely accepted opinion is that Organ Donation and Organ Transplantation in Islam are permissible when certain conditions are fulfilled. These include ensuring that the procedure does not result in the donor’s death, that it is carried out with free and informed consent, that it aims to save or improve another person’s life, and that no organ trade or financial exploitation is involved.

This ruling reflects Islam’s deep concern for both the dignity of the human body and the compassion toward fellow human beings. It embodies the principle of cooperation in righteousness and piety, as Allah says: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [Al-Ma’idah 5:2]