Is Organ Transplantation Permissible?
Question
Is it permissible for a deceased person to donate his organs to someone else before he dies?
Nizamuddin Demir
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Answer ( 1 )
DONATION OF HUMAN ORGANS
QUESTION: In your letter: "—" On March 24, 1983, there was a program called "World of Faith" on television. President of Religious Affairs Sayan Tayyar Altıkulaç stated that there was no ruling in any reliable source regarding organ transplantation. He then recited the Basmala for all his organs (limbs) and signed the document acknowledging their donation. I found this stance of the President of Religious Affairs strange. The reason is this: "—" He says, "There is no ruling on this matter in the Quran and Sunnah. Our High Council of Religious Affairs has stated that there is no objection to donating human limbs." This statement was brought up as a new ijtihad. Could you provide information on this matter?" you ask.
ANSWER: Imam Muhammad (R.A.) mentions the following in his work "Siyer-i Kebir" while discussing treatment: "The human body deserves respect after death as it does during life. Therefore, it is not permissible to receive treatment with it (the body of the dead). The Prophet (PBUH) said: "Breaking the bone of a dead person is like breaking the bone of my soul." (1) If these statements are taken into consideration, the importance of the human body can be understood even after death. In fact, Molla Khusraw mentions the following ruling: "It is not permissible to despise, depreciate or despise any of the parts of a human being. Just as it is not permissible to sell a human hair, it is also not permissible to benefit from it." (2) In the continuation of the subject, he talks about the seriousness of "the respectability of a human being, being treated as a commercial commodity and being subject to trade."
The President of Religious Affairs' statement that "There is no information on this matter in the Sunnah" is a strange claim! Because we do not know anyone who can fully comprehend the Sunnah. Moreover, the hadith: "Breaking the bone of a dead person is like breaking the bone of a living person" is relevant to the subject. If the issue is to be addressed from the perspective of "treatment with forbidden things", the situation becomes different. Because the scholars who declared that treatment with forbidden things is permissible have set forth the condition: "It must be established that there is no possibility of treatment with any lawful substance and that it is known that there is cure in forbidden things" (3). Because only from this point on, it has been accepted that "necessity" will come into play.
It is also established that there are scholars who take the apparent meaning of the hadith, "Allah Almighty has not created a cure in forbidden things." According to these scholars, treatment through forbidden things is not permissible under any circumstances.
Now let's focus on the concept of "Grant." Its literal meaning is: "To donate, help, and to bestow wealth that benefits the recipient."
In Islamic terminology, it is defined as "—Giving any lawful property to another without compensation is called a grant." (4) It is known that the Messenger of Allah (peace be upon him) said: "Giving is only permissible by taking possession of the property." (5) Indeed, the Majalla states: "Giving is only complete by offering and accepting the property, and by taking possession of it." (6) It is established with definitive evidence that granting is only valid in the case of property. Now, we must answer the following question: "—Are the organs of the human body property?" Therefore, the use of the term "grant" is quite wrong! Because any property that can be donated can also be traded.
At this point, one might ask: "Sir, isn't the President of Religious Affairs aware of all this?" It is impossible to give a "Positive" or "Negative" answer to this question!.. In fact, if the issue had been raised as "illegal treatment" rather than "Donation of human organs", it would have been possible to focus on different points.
In conclusion, every limb of the human body is revered, and even after death, it cannot be "gifted" because it is not considered property.
(1) Imam Muhammad–Siyer-i Kebir (Islamic International Law) Istanbul:1980 Evs Publications Vol:1 Page: 144.
(2) Molla Husrev – Durerul Hukkam fi Sharhil Gureri’l Ahkam – Istanbul: 1307 Vol: 2 Page: 172.
(3) For detailed information/İbn-i Abidin – Raddü'l Muhtar Ale'd Dürri'l Muhtar – Istanbul: 1982 Volume: 1 Page: 316-318,İmam-ı Kasani – El Bedalus Seriai fi Tertibi'ş Şerai – Beirut: 1974 Volume: 61
(4) Sheikh Nizamuddin and the Committee – Al-Fatewa-i Hindiyya – Beirut: 1400 C: 4 Page: 374, Imam-i Kasani – Ibid. C: 6 Page: 115. Molla Khusraw – Ibid. C: 2 Page: 217-
(5) Ibn Humam – Fethû'l Kadir – Beirut: 1317 C: 7 Sh: 114-
(6) A. Himmet Berki – Annotated Mecelle (Mecelle-i Ahkam Adliyye) Istanbul: 1979 SU: 164 – Article: 837