What Is the Ruling on Organ Donation in Islam?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

What is the ruling on organ donation?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Master of the Messengers, his Family, and all his Companions.

Overview of Scholarly Opinions on Organ Donation

This is a contemporary issue in Islamic jurisprudence, and many modern scholars have discussed it extensively. Generally, there are three main scholarly opinions on organ donation:

• Some scholars permit organ donation unconditionally.
• Others refrain from issuing a definitive ruling.
• A third group allows it but under specific conditions and guidelines.

Before discussing the ruling, it is worth noting that organ donation can carry a significant reward and virtue, as Allah (Most High) says,

“Cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression.” [Quran, 5:2]

Imam Mawardi (Allah have mercy on him) explained this by saying,

“Allah has encouraged cooperation in righteousness, associating it with piety because righteousness brings Allah’s pleasure, and piety brings people’s well-being. Whoever combines Allah’s pleasure and the welfare of people achieves complete happiness and widespread blessings.” [Mawardi, Adab al-Dunya wa al-Din]

Permissibility and Islamic Guidelines

Donating an organ at the time of one’s death to alleviate harm from another person is something Islam permits. It falls under widely accepted legal principles such as “Necessities permit prohibitions” and “Necessity is measured according to its extent.”

Through this, Muslims can cooperate like one unified body, for there is no greater act of kindness than preserving another Muslim’s life. The Prophet (Allah bless him and give him peace) said,

“The believers, in their mutual mercy, love, and compassion, are like a single body. When one part of it is in pain, the rest of the body responds with sleeplessness and fever.” [Bukhari; Muslim]

Helping others to relieve severe hardship is also a praiseworthy act. After all, is there any hardship more distressing than the loss of sight, kidney failure, or liver dysfunction? The Prophet (Allah bless him and give him peace) said,

“Whoever relieves a difficulty for a fellow Muslim, Allah will relieve a difficulty for him on the Day of Resurrection. Whoever eases the burden of someone in hardship, Allah will ease his burden in this world and the Hereafter. Whoever covers (the faults of) a Muslim, Allah will cover him in this world and the Hereafter. And Allah will help His servant as long as His servant is helping his brother.” [Abu Dawud; Tirmidhi; Ibn Maja; Ibn Abi Shayba]

Detailed Rulings by the European Council for Fatwa and Research

In accordance with the European Council for Fatwa and Research, which has thoroughly addressed key aspects of organ donation, the matter can be broken down into the following scenarios:

• Organ Donation from a Living Person
• Organ Donation from a Deceased Person
• Organ Donation from Fetuses

Here, I will discuss the Council’s rulings on the first two scenarios, as they relate to the question at hand.

Organ Donation from a Living Person

This category includes the following cases:

Transplanting an organ from one part of a person’s body to another part of their own body: For example, transplanting skin, cartilage, bones, veins, or blood within the same body.

Transplanting an organ from a living person to another person: Here, organs are categorized based on whether they are vital to life:

• Vital Organs: This includes both singular organs (such as the heart and liver) and paired organs (such as kidneys and lungs).
• Non-vital Organs: Some non-vital organs perform essential bodily functions, while others do not. Some organs regenerate, like blood, while others do not. Some affect genetics and personal identity, like reproductive organs and certain nervous system cells, while others do not.

Organ Donation from a Deceased Person

Here, death is categorized into two medical conditions:

• Brain death: The complete and irreversible cessation of all brain functions.
• Cardiorespiratory death: The complete and irreversible cessation of heart and lung functions.

Summary

Based on these distinctions, the Council reached the following rulings:

• It is permissible to transfer an organ from one part of a person’s body to another part of the same body, provided that the expected benefit outweighs any potential harm. This applies in cases where the purpose is to replace a missing organ, restore an organ’s normal function or appearance, repair a defect, or remove a deformity that causes physical or psychological harm.
• It is permissible to transfer a regenerable organ from one person’s body to another’s, such as blood or skin, as long as the donor is of sound mind and the donation meets the established legal criteria.
• It is permissible to use a part of an organ removed due to illness for another person, such as using the cornea from an eye removed for medical reasons.
• It is impermissible to transfer a vital organ essential for life, such as the heart, from one person to another.
• It is impermissible to remove an organ from a living person if doing so would disrupt an essential bodily function, even if this function does not directly sustain life, such as removing both corneas. However, removing an organ that affects only part of a function may be subject to further discussion.
• It is permissible to transfer an organ from a deceased person to a living person if the latter’s life or essential bodily function depends on it, provided that the deceased gave prior consent, or if their heirs consent posthumously. If the deceased’s identity is unknown or if they have no heirs, then permission from the Muslim authorities is required.
• Organ donation must not involve the sale of organs in any way, as the human body should never be subject to commercial transactions. However, financial compensation to the donor or their heirs, as a form of necessity or gratitude, is subject to further consideration.

May Allah grant all Muslim patients a speedy recovery.

And all praise is due to Allah, Lord of all worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.