Aslam

Praise be to Allah.Nowadays there is something known as the trade in foetuses, in which

some doctors deliberately abort foetuses so that they can profit from selling the foetal

organs or cells, from which some kinds of injections may be prepared for the benefit of

elderly rich people and others. This is a major crime, because it entails the deliberate

murder of innocent souls for financial gain. This is a serious form of wrongdoing and the

rulings concerning it are well known and obvious. The question of whether the aborted

foetus may be used as a source of transplant organs has been researched by the Islamic

Fiqh Council, which issued the following fatwaa:

It is not permitted to exploit foetuses as a source of organs needed for

transplant into another person except in certain limited circumstances under stringent

conditions.

It is not permitted to deliberately induce abortion for the purpose of

exploiting the foetus for organ transplants to another person. Only foetuses expelled

through natural or spontaneous abortion (miscarriage) or aborted for a legitimate reason

may be used in this way. Surgery should not be performed to remove the foetus except in

cases where the mother’s life is at risk.

If the aborted foetus is viable and capable of living, then medical

attention should be aimed at preserving its life, not at exploiting it for organ

transplant. If it is not viable and will not live, its organs cannot be used until after

it has died naturally, according to the conditions of sharee’ah.

It is not permissible to exploit any part of the procedures required to

obtain and transplant organs for commercial gain.

The procedures surrounding organ transplants must be supervised and

regulated by a specialized and trustworthy organization.

And Allaah knows best.