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Fatwa #39333 November 2001United States of America

Assalaamu Alaikum Mufti Saheb,Why is donating one's organs after death forbidden?

Question

In a prior ruling you stated: "the bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah". Please give the explanation for this ruling from the Qur'an and Sunnah. Jazak Allah Khair

Answer

The Islamic Fiqh Academy of India, during its Second Fiqh Seminar, held%0D%0Abetween 8-11 December 1989 at the Hamdard Convention Centre, New Delhi,%0D%0AIndia, resolved that if a person directed that after one's death one's organ%0D%0Ashould be used for the purpose of transplantation (testamentary disposition,%0D%0Aas is commonly known), it would not be considered as wasiyyah (will)%0D%0Aaccording to Shari'ah. ("Islamic Fiqh Academy of India - Developing A%0D%0AReligious Law in Modern Times" in Religion and Law Review, op. Cit., p. 330)%0D%0A%0D%0AThe plausible factors%2Fconsiderations that may have influenced the adoption%0D%0Aof this negative resolution pertain firstly to the concept of human organ%0D%0Abeing regarded as an amanah (trust endowed to every human being by the%0D%0ACreator) and secondly to the stance that human organ is invaluable.%0D%0A%0D%0AA. Human Organ: An Amanah%0D%0AAs discussed in chapter ix, there are Muslim jurists who regard the human%0D%0Abody (including its parts) as an amaanah (trust). Therefore, since a human%0D%0Abeing does not own his body, he%2Fshe cannot make a gift in respect of any%0D%0Apart of his%2Fher body either during his%2Fher lifetime or after death. Thus to%0D%0Ainclude organ donation in one's will would not be in order since one cannot%0D%0Agive away that which one does not legally own.%0D%0A%0D%0AB. Human Organ: Invaluable%0D%0AThe testator's estate is termed in Arabic as mal mutaqawwam (asset upon%0D%0Awhich a price can be set for it). Muslim jurists are of the opinion that a%0D%0Ahuman being's person (organs included) is mal ghayr mutaqawwam (invaluable%0D%0Ai.e. no price can be set for it). (Tanzil-ur-Rahmaan. A Code of Muslim%0D%0APersonal Law. North Nazimabad, Karachi. Islamic Publishers. 1980, vol. 2 p.%0D%0A330). Thus it logically follows that since no price can be set for human%0D%0Aorgan, the inclusion of its donation into one's will would be regarded as%0D%0Anull and void.%0D%0A%0D%0AFrom the book, 'Organ Transplantation - Contemporary Islamic Legal and%0D%0AThical Perspectives', Abul Fadl Mohsin Ebrahim.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A
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