Top 7 Points About Organ Donation in Islam Answered
23/04/2020
Organ donation is quite a controversial topic among scholars of Islam and this controversy has resulted in a difference of opinion among them. For us to rely on something in Islam, we need to only rely on the two authentic sources namely, the Quran and the authentic hadiths of the prophet (sal). Allah (swt) says:
"If you differ in anything amongst yourselves, refer it to Allah and His Messenger (sal), if you believe in Allah and in the Last Day.”
(Al-Quran-4:59).
According to Islam there is a relative silence on the issue of organ donation and in this article I hope to inshaAllah enlighten the readers on some points on this very important issue.
1. Organ Donation in the Quran
As far as the Quran is concerned there is no clear evidence to prove that organ donation is haram. The Quran is actually silent on this topic. However there is one verse that has been used as an argument against organ donation where Allah (swt)says,
"And we have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what we have created, with preference."
(Al-Quran-17:70)
This verse has nothing to do with organ donation but is used as an argument to mean that man is honoured and cutting the body is a form of dishonouring man who is Allah's creation. The Quran actually encourages saving lives and Allah (swt) said,
"And if anyone saved a life, it would be as if he saved the life of all mankind."
(Al-Quran-5:32)
Organ donation is a medically proven method that helps cure certain disease and ailments and this proves that the Quran does not forbid organ donation as long as it does not cause any harm to the body because Allah(swt) says,
"And do not throw (yourselves) with your (own) hands into destruction"
(Al-Quran-2:195)
2. Organ Donation without Consent
It is haram to force a person to donate their organs to another person and the organ should only be donated by the full consent of the donor. Forcing is harming another person and Islam completely forbids this.
Abu Sa’id al-Khudri (rali): said,
“Do not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.”
(Al-Sunan al-Kubrá 11070-graded hasan sahih by al-Albani in Ahkam al Janaiz)
Ubadah ibn al-Samit (rali):
“Do not cause harm or return harm.”
(Ibn Majah-graded sahih by Albani)
It is unfortunate that in some parts of the world people are tricked or sedated by organ traffickers and then their vital organs such as kidneys or liver is taken out and sold in the black market. This is completely haram and any kind or such force or trickery is haram.
3. Organ Donation in the Hadiths
As far as the hadiths are concerned there is no direct evidence prohibiting organ donation but there is one hadith that is used by scholars who are against organ donation and the hadith is as follows,
Aisha (rali) narrated, the prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
Umm Salamah (rali) narrated that the prophet (sal) said,
"Breaking the bones of the deceased is, in sin, like breaking his bones when he is alive.”
(Ibn Majah-graded sahih by Imam Nawawi in Khulaasat al-Ahkam (3/1035) and by Sheikh al-Albani in al-Irwa’ (763))
These hadiths only specifically mention the prohibition of breaking bones and organs such as kidneys, liver or heart does not require breaking bones. This ruling could apply when limbs such as hands or legs are cut for donation and in that case the prohibition applies unless it is done under necessity. General organ donation which does not require the cutting or breaking of bones does not come under this prohibition. Cutting off any part of the body whether the person is alive or dead as a means of mutilating him is also haram.
Narrated `Abdullah bin Yazid Al-Ansari (rali),
"The Prophet (sal) forbade robbery (taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies."
(Bukhari)
Narrated Samurah ibn Jundub (rali),
"I came to Samurah ibn Jundub and asked him. He said: The Messenger of Allah (sal) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain). I then came to Imran ibn Husayn and asked him. He said: The Messenger of Allah (sal) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain)."
(Abu Dawud-graded sahih by Albani)
Uqbah ibn ‘Amir reported: He came to Abu Bakr (rali) with a severed head and Abu Bakr condemned it. ‘Uqbah said, “O Caliph of the messenger of Allah, they do that to us!” Abu Bakr said, “You follow the way of the Persians and Romans? Rather, do not come to me with a severed head. It is enough for you to write and inform me.”
(Sunan Saʻīd ibn Manṣur-2490-graded sahih by Ibn Kathir in Al Muhdath-2/324)
Sulaiman bin Buraid through his father that when the Messenger of Allah (sal) said in a long hadith,
"Do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children."
(Sahih Muslim)
All of the above evidence clearly prove that it is haram to mutilate the dead especially those who are killed in a war unless it is done for a necessity such as in the case of an autopsy. There is nothing wrong in a person consensually donating his organs which do not have any bone matter in it as long as it does not cause any harm to his body while living. For an example, a person who is surviving only on one kidney should not donate that kidney or any vital organ such as his heart while living because this could kill him.
Abu Sa’id al-Khudri (rali): said,
“Do not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.”
(Al-Sunan al-Kubrá 11070-graded hasan sahih by al-Albani in Ahkam al Janaiz)
Ubadah ibn al-Samit (rali):
“Do not cause harm or return harm.”
(Ibn Majah-graded sahih by Albani)
4. Can I Sell My Organs For Money?
This is a very controversial issue but Islam is silent on this issue which means that you can sell your organs for money if it does not cause any harm to the person who is donating it. Abu Darda (rali) narrated: The Messenger of Allah (sal) said,
“What Allah has made lawful in his book is lawful, and what he has made unlawful is unlawful. Whatever he has remained silent upon, it is for your benefit, so accept benefit from Allah. Verily, Allah is not forgetful.” Then the Prophet recited the verse, “Your Lord is not forgetful.” (19:64)
(Darqutni-graded sahih by Albani)
It also should be noted that organs with bones such as hands or legs are haram to be donated because breaking or cutting the bones of the living or dead is haram.
The prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
5. Giving Your Body for Medical Research after Death
Although giving your organs which do not contain any bones is halal, donating the entire body is haram in Islam because cutting or breaking the bones of a dead body is haram. Aisha (rali) narrated, the prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
The other reason why it is haram to donate ones entire body after death is because a Muslim should be buried not donated. Abu Hurayrah (rali) related that the Prophet (sal) said "Hasten the funeral rites."
(Bukhari, Muslim and others)
And in another hadith the prophet (sal) said,
"Hasten -in taking the corpse to the graveyard (to be buried) - for if it is a good one (i.e. the dead person is a good man/woman), then you will proceed it to something better (its good abode as a reward), and if it is otherwise, then you will remove an evil thing from your necks"
(Bukhari and Muslim)
Burial is what is allowed for a Muslim and anything other than that is an innovation and is haram.
6. Can a Muslim Donate His Vital Organs?
Donating your vital organs such as your heart or anything that is essential for survival while living is haram because a Muslim should not cause any harm for himself. Allah (swt) says,
"And do not throw [yourselves] with your (own) hands into destruction"
(Al-Quran-2:195)
There is nothing wrong in a person consensually donating his organs which do not have any bone matter in it as long as it does not cause any harm to his body while alive. For an example, a person who is surviving only on one kidney should not donate that kidney or any other vital organs such as his heart while living because this could kill him. This applies to a Muslim who is alive but there is nothing wrong in donating a vital organ after death given that no bones are broken, crushed or cut.
7. Scholar's View on Organ Donation
Scholars have differed on the issue of organ donation and below are a few notable examples of what some scholars thought about organ donation.
Sheikh bin baz said the following,
"A Muslim should be respected whether alive or dead. It is an obligation
Not to harm or disfigure a deceased by, for instance, breaking or cutting their bones. A Hadith is reported to the effect that: Breaking a deceased person’s bone is akin to breaking it when alive. This constitutes evidence of the impermissibility of mutilating the dead in favour of the interests of the living, such as taking their heart or kidney, for this is more heinous than breaking their bones.
However, scholars disagreed over the permissibility of organ donation. Some say that this benefits the living due to the increased number of kidney failures; but this is disputable. The opinion that I consider more correct, based on the above-mentioned Hadith, is that it is not permissible to do this because this entails manipulation and abuse of the organs of the dead. Moreover, the heirs who are entitled to the property of the dead person rather than to his body may be dazzled by money. Thus, they will pay no heed to the sanctity of the dead. May Allah grant us success”?
(https://binbaz.org.sa/audios/29/9--من-حديث-كسر-عظم-الميت-ككسره-حيا)
Sheikh Umar Bazmool said,
"Organ donation, in reality, is an issue that has a lot of other issues related to it, so it requires us to specify the issue more clearly.
Otherwise, then the sacredness of a Muslim that has died is like the sacredness of the living Muslim. So while it is not permissible for a Muslim to have an organ removed from his body to be given to someone else while he is alive without any dire necessity or emergency, then likewise he may not do this after his death.
Secondly, the body that has been given to a person is a trust. It is not for him to do with it as he likes things that Allaah has not ordered him with nor has He legislated.
Thirdly, who will this organ go to? Will it go from the Muslims to other Muslims, or will it go from the Muslims to the disbelievers? As for the first case, then this is the focus of our discussion, since the second case is strictly prohibited. It is not permissible for a Muslim to donate one of his organs to a disbeliever. This is what seems apparent to me, and Allaah knows best."
(Bakkah.net-from a cassette recording, file no. AAMB039, dated 1423/8/17)
Apart from these scholars, Sheikh Albani was against organ donation and his fatwa is in Mutafariqah no. 86. Sheikh Uthaymin too was against this. He said,
It is not allowed not before death or after death even if the deceased gives a testimony/will and says, ‘if I die, give my relative so and so my eye or my kidney to so and so or my liver to so and so and what resembles that.’ It is not allowed to fulfil this will because it is a prohibited will. It is not fulfilled. The People of Knowledge mentioned that. Return to the book al-Iqnaa’ in Hanbali fiqh in the book of Janaiz chapter ‘washing the deceased’. You will find completely the text, ‘it is not allowed to take something from the limbs of the deceased even if he wills it’ and they use as evidence the statement of the Prophet (sal):
"Breaking a dead man’s bone is like breaking it when he is alive."
(Abu Dawud-graded sahih by Albani)
So how is that allowed?
You are not free regarding yourself [i.e. to treat your body however you wish]. Allah says to you:
"And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you
(4:29)
Killing yourself does not mean a person takes a knife and slaughters himself. No. Everything that causes harm is from killing yourself…”
(Liqaa Bab al-Maftooh no. 173)
Conclusion
Scholars are divided on the issue of organ donation and Islam is silent in donating organs which does not contain bone matter. Cutting limbs with bones is haram and the general rule of necessity applies here. We must understand that organ donation is a tricky issue because donating organs is not guaranteed to cure a person suffering from an ailment. Islam has given us far better cures such as Hijama (cupping), taking a gulp of honey, taking black seeds, special dua to protect one from ailments and many others. Organ donation is a concept of western medicine and Islamic medicine is far superior because it has come down directly from Allah (swt).
C.J Ahmed
Organ donation is quite a controversial topic among scholars of Islam and this controversy has resulted in a difference of opinion among them. For us to rely on something in Islam, we need to only rely on the two authentic sources namely, the Quran and the authentic hadiths of the prophet (sal). Allah (swt) says:
"If you differ in anything amongst yourselves, refer it to Allah and His Messenger (sal), if you believe in Allah and in the Last Day.”
(Al-Quran-4:59).
According to Islam there is a relative silence on the issue of organ donation and in this article I hope to inshaAllah enlighten the readers on some points on this very important issue.
1. Organ Donation in the Quran
As far as the Quran is concerned there is no clear evidence to prove that organ donation is haram. The Quran is actually silent on this topic. However there is one verse that has been used as an argument against organ donation where Allah (swt)says,
"And we have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what we have created, with preference."
(Al-Quran-17:70)
This verse has nothing to do with organ donation but is used as an argument to mean that man is honoured and cutting the body is a form of dishonouring man who is Allah's creation. The Quran actually encourages saving lives and Allah (swt) said,
"And if anyone saved a life, it would be as if he saved the life of all mankind."
(Al-Quran-5:32)
Organ donation is a medically proven method that helps cure certain disease and ailments and this proves that the Quran does not forbid organ donation as long as it does not cause any harm to the body because Allah(swt) says,
"And do not throw (yourselves) with your (own) hands into destruction"
(Al-Quran-2:195)
2. Organ Donation without Consent
It is haram to force a person to donate their organs to another person and the organ should only be donated by the full consent of the donor. Forcing is harming another person and Islam completely forbids this.
Abu Sa’id al-Khudri (rali): said,
“Do not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.”
(Al-Sunan al-Kubrá 11070-graded hasan sahih by al-Albani in Ahkam al Janaiz)
Ubadah ibn al-Samit (rali):
“Do not cause harm or return harm.”
(Ibn Majah-graded sahih by Albani)
It is unfortunate that in some parts of the world people are tricked or sedated by organ traffickers and then their vital organs such as kidneys or liver is taken out and sold in the black market. This is completely haram and any kind or such force or trickery is haram.
3. Organ Donation in the Hadiths
As far as the hadiths are concerned there is no direct evidence prohibiting organ donation but there is one hadith that is used by scholars who are against organ donation and the hadith is as follows,
Aisha (rali) narrated, the prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
Umm Salamah (rali) narrated that the prophet (sal) said,
"Breaking the bones of the deceased is, in sin, like breaking his bones when he is alive.”
(Ibn Majah-graded sahih by Imam Nawawi in Khulaasat al-Ahkam (3/1035) and by Sheikh al-Albani in al-Irwa’ (763))
These hadiths only specifically mention the prohibition of breaking bones and organs such as kidneys, liver or heart does not require breaking bones. This ruling could apply when limbs such as hands or legs are cut for donation and in that case the prohibition applies unless it is done under necessity. General organ donation which does not require the cutting or breaking of bones does not come under this prohibition. Cutting off any part of the body whether the person is alive or dead as a means of mutilating him is also haram.
Narrated `Abdullah bin Yazid Al-Ansari (rali),
"The Prophet (sal) forbade robbery (taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies."
(Bukhari)
Narrated Samurah ibn Jundub (rali),
"I came to Samurah ibn Jundub and asked him. He said: The Messenger of Allah (sal) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain). I then came to Imran ibn Husayn and asked him. He said: The Messenger of Allah (sal) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain)."
(Abu Dawud-graded sahih by Albani)
Uqbah ibn ‘Amir reported: He came to Abu Bakr (rali) with a severed head and Abu Bakr condemned it. ‘Uqbah said, “O Caliph of the messenger of Allah, they do that to us!” Abu Bakr said, “You follow the way of the Persians and Romans? Rather, do not come to me with a severed head. It is enough for you to write and inform me.”
(Sunan Saʻīd ibn Manṣur-2490-graded sahih by Ibn Kathir in Al Muhdath-2/324)
Sulaiman bin Buraid through his father that when the Messenger of Allah (sal) said in a long hadith,
"Do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children."
(Sahih Muslim)
All of the above evidence clearly prove that it is haram to mutilate the dead especially those who are killed in a war unless it is done for a necessity such as in the case of an autopsy. There is nothing wrong in a person consensually donating his organs which do not have any bone matter in it as long as it does not cause any harm to his body while living. For an example, a person who is surviving only on one kidney should not donate that kidney or any vital organ such as his heart while living because this could kill him.
Abu Sa’id al-Khudri (rali): said,
“Do not cause harm or return harm. Whoever harms others, Allah will harm him. Whoever is harsh with others, Allah will be harsh with him.”
(Al-Sunan al-Kubrá 11070-graded hasan sahih by al-Albani in Ahkam al Janaiz)
Ubadah ibn al-Samit (rali):
“Do not cause harm or return harm.”
(Ibn Majah-graded sahih by Albani)
4. Can I Sell My Organs For Money?
This is a very controversial issue but Islam is silent on this issue which means that you can sell your organs for money if it does not cause any harm to the person who is donating it. Abu Darda (rali) narrated: The Messenger of Allah (sal) said,
“What Allah has made lawful in his book is lawful, and what he has made unlawful is unlawful. Whatever he has remained silent upon, it is for your benefit, so accept benefit from Allah. Verily, Allah is not forgetful.” Then the Prophet recited the verse, “Your Lord is not forgetful.” (19:64)
(Darqutni-graded sahih by Albani)
It also should be noted that organs with bones such as hands or legs are haram to be donated because breaking or cutting the bones of the living or dead is haram.
The prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
5. Giving Your Body for Medical Research after Death
Although giving your organs which do not contain any bones is halal, donating the entire body is haram in Islam because cutting or breaking the bones of a dead body is haram. Aisha (rali) narrated, the prophet (sal) said,
“Breaking a dead man's bone is like breaking it when he is alive"
(Abu Dawud-graded sahih by Albani)
The other reason why it is haram to donate ones entire body after death is because a Muslim should be buried not donated. Abu Hurayrah (rali) related that the Prophet (sal) said "Hasten the funeral rites."
(Bukhari, Muslim and others)
And in another hadith the prophet (sal) said,
"Hasten -in taking the corpse to the graveyard (to be buried) - for if it is a good one (i.e. the dead person is a good man/woman), then you will proceed it to something better (its good abode as a reward), and if it is otherwise, then you will remove an evil thing from your necks"
(Bukhari and Muslim)
Burial is what is allowed for a Muslim and anything other than that is an innovation and is haram.
6. Can a Muslim Donate His Vital Organs?
Donating your vital organs such as your heart or anything that is essential for survival while living is haram because a Muslim should not cause any harm for himself. Allah (swt) says,
"And do not throw [yourselves] with your (own) hands into destruction"
(Al-Quran-2:195)
There is nothing wrong in a person consensually donating his organs which do not have any bone matter in it as long as it does not cause any harm to his body while alive. For an example, a person who is surviving only on one kidney should not donate that kidney or any other vital organs such as his heart while living because this could kill him. This applies to a Muslim who is alive but there is nothing wrong in donating a vital organ after death given that no bones are broken, crushed or cut.
7. Scholar's View on Organ Donation
Scholars have differed on the issue of organ donation and below are a few notable examples of what some scholars thought about organ donation.
Sheikh bin baz said the following,
"A Muslim should be respected whether alive or dead. It is an obligation
Not to harm or disfigure a deceased by, for instance, breaking or cutting their bones. A Hadith is reported to the effect that: Breaking a deceased person’s bone is akin to breaking it when alive. This constitutes evidence of the impermissibility of mutilating the dead in favour of the interests of the living, such as taking their heart or kidney, for this is more heinous than breaking their bones.
However, scholars disagreed over the permissibility of organ donation. Some say that this benefits the living due to the increased number of kidney failures; but this is disputable. The opinion that I consider more correct, based on the above-mentioned Hadith, is that it is not permissible to do this because this entails manipulation and abuse of the organs of the dead. Moreover, the heirs who are entitled to the property of the dead person rather than to his body may be dazzled by money. Thus, they will pay no heed to the sanctity of the dead. May Allah grant us success”?
(https://binbaz.org.sa/audios/29/9--من-حديث-كسر-عظم-الميت-ككسره-حيا)
Sheikh Umar Bazmool said,
"Organ donation, in reality, is an issue that has a lot of other issues related to it, so it requires us to specify the issue more clearly.
Otherwise, then the sacredness of a Muslim that has died is like the sacredness of the living Muslim. So while it is not permissible for a Muslim to have an organ removed from his body to be given to someone else while he is alive without any dire necessity or emergency, then likewise he may not do this after his death.
Secondly, the body that has been given to a person is a trust. It is not for him to do with it as he likes things that Allaah has not ordered him with nor has He legislated.
Thirdly, who will this organ go to? Will it go from the Muslims to other Muslims, or will it go from the Muslims to the disbelievers? As for the first case, then this is the focus of our discussion, since the second case is strictly prohibited. It is not permissible for a Muslim to donate one of his organs to a disbeliever. This is what seems apparent to me, and Allaah knows best."
(Bakkah.net-from a cassette recording, file no. AAMB039, dated 1423/8/17)
Apart from these scholars, Sheikh Albani was against organ donation and his fatwa is in Mutafariqah no. 86. Sheikh Uthaymin too was against this. He said,
It is not allowed not before death or after death even if the deceased gives a testimony/will and says, ‘if I die, give my relative so and so my eye or my kidney to so and so or my liver to so and so and what resembles that.’ It is not allowed to fulfil this will because it is a prohibited will. It is not fulfilled. The People of Knowledge mentioned that. Return to the book al-Iqnaa’ in Hanbali fiqh in the book of Janaiz chapter ‘washing the deceased’. You will find completely the text, ‘it is not allowed to take something from the limbs of the deceased even if he wills it’ and they use as evidence the statement of the Prophet (sal):
"Breaking a dead man’s bone is like breaking it when he is alive."
(Abu Dawud-graded sahih by Albani)
So how is that allowed?
You are not free regarding yourself [i.e. to treat your body however you wish]. Allah says to you:
"And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you
(4:29)
Killing yourself does not mean a person takes a knife and slaughters himself. No. Everything that causes harm is from killing yourself…”
(Liqaa Bab al-Maftooh no. 173)
Conclusion
Scholars are divided on the issue of organ donation and Islam is silent in donating organs which does not contain bone matter. Cutting limbs with bones is haram and the general rule of necessity applies here. We must understand that organ donation is a tricky issue because donating organs is not guaranteed to cure a person suffering from an ailment. Islam has given us far better cures such as Hijama (cupping), taking a gulp of honey, taking black seeds, special dua to protect one from ailments and many others. Organ donation is a concept of western medicine and Islamic medicine is far superior because it has come down directly from Allah (swt).
C.J Ahmed