So, the Question is, Is Organ Donation Halal in Islam?
According to the Fatwa of Fiqh Council of North America. The senior-most and eldest body, in the early 1980’s it was found. It deals with modern issues and Fatwas. This issue of organ donation was discussed and a Fatwa was released about the same.
It was said that; There are certain areas that are Insha’Allah very clear Halal, other areas that are very clear Haram and as usual, there is a bit of grey area
As for the clear Halal, what is without a doubt acceptable is that a person donates an organ to another person. It is not a requirement that the other person is a Muslim.
You may donate an organ to another person that is needed for the life or the stability of another person, as long as the first person does not give his life up for the other person. You don’t kill yourself for the other person.
So the person can write in his will that when I die, you may give my heart to somebody who needs it, you may give my liver to somebody who needs it.
While alive you may donate which you can live with, even if you donate it eg Kidney, some portion of Liver.
Whatever you may live without, you may give to a person who needs it to live a normal life or life.
But you cannot donate your organ for the sake of money i.e You cannot sell your organs, by unanimous consensus, it is Haram to sell your organs, it is Haram to give your blood for a gift, you do not give blood to get money.
Why it is Haram to sell your organs or give your blood for money?
Because our body does not belong to us, it belongs to Allah S.W.T, we cannot sell what we don’t own, we don’t own our body, Allah owns our body.
We can sell what we own, we can sell our phone, earphones, laptop but we cannot sell our kidney, blood or any other organ.
It is Haram to buy and sell ones organs.
So you may donate your organs to another human being.
However to donate to “What is called Science”, the Fiqh Council said; No.
Because this is a type of mutilation, to simply cut up a part of the body and to open up things and look at it.
Our Prophet Mohammad S.A.W said; in a Hadith which is in Sunnan Abu Dawood
“Breaking the bones of a corpse is as sinful as breaking the bones of a living person”.
And our Prophet Mohammad S.A.W forbade the mutilation even of the pagan enemies in the battle of Badr. He forbade the mutilation.
Cutting up the body and taking things out, this is the type of mutilation.
So we do not do this to ourselves willingly, we do not do this our loved ones and that’s why as well autopsies, we try to do our best to not do it.
But if the government requires, it requires, but we don’t willingly do this for no reason. We want to protect the sanctity of the Human body.
As well, by unanimous consensus of all the Fiqh Councils of the world, Reproductive organs cannot be donated.
You cannot donate Male or Female reproductive organs, this is something that is not allowed to donate.
Also, the person whose organ is donated that is the person who must sign of his or her will that; I want my organs to be donated.
Now the grey area.
Is it allowed to donate the organs of a person if He didn’t Say Yes or No before death?
In this case, the heirs come and say our cousin needs his liver, our sister needs his kidney and the heirs decide to take an organ.
There is a bit of grey area, the Fiqh Council allowed this. If the heirs unanimously agree. They feel that our brother, our father, our mother would have willingly give up an organ to such and such person, then Inshallah, it is allowed to do that, if they unanimously agree.
If they don’t unanimously agree, then that is one of that grey areas.