Aslam

Praise be to Allah.This subject is one of the topics which is being

researched by the Islamic Fiqh Council (Majma’ al-Fiqh al-Islami),

which has issued the following fatwaa:

It is permitted to transplant or graft an organ

from one part 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.

It is permitted to transplant an organ from

one person’s body to another, if it is an organ that can regenerate

itself, like skin or blood, on the condition that the donor is mature and

understands what he is doing, and that all other pertinent shar’i conditions

are met.

It is permitted to use part of an organ that

has been removed because of illness to benefit another person, such as using

the cornea of an eye removed because of illness.

It is haraam to take an organ on which life

depends, such as taking a heart from a living person to transplant into

another person.

It is haraam to take an organ from a living

person when doing so could impair an essential vital function, 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.

It is permitted to transplant an organ from

a dead person to a living person whose life depends on receiving that organ,

or whose vital functions 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.

Care should be taken to ensure that there is

proper agreement to the transplant of organs in the cases described above,

on the condition that no buying or selling of organs is involved. It is

not permitted to trade in human organs under any circumstances. But 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 scholarly

debate.

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 shar’i rulings.

See also questions # 2141, 2159,

424. And Allaah knows best.