The development of science and technology especially in health, make everything easier. Today, in medical world, doctors have known the transplantation of organs. Then how is the law of organ donor in Islam, let’s know more in this article.
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The definition of organ donor and its law in Islam
Organ donors are the ones who give his organ to others who need it. This is the development of new science in the medical world that is able to restore the function of body parts, so it can avoid death. Some Islam Theologian allow it, but there are also those who forbid it absolutely.
There are two rules. They are eliminating mudharat and mudharat that can not be eliminated. So Dr. Yusuf Al-Qardhawi explained what is allowed to be donated and what is forbidden.
- The only one organs such as heart, liver and brain
- External organs such as eyes, hands and feet
- The paired organs
Here are the law of organ donors :
If the person who donates is a dead person
If before someone died, he has a will to donate his organs, then it is allowed to transfer to people who need these organs. Although it will damage the honor of deceased, but this is not prohibited because it prioritizes a very important case.
Organ donors are the same as those who give alms, so the deceased may donate his organs. But on the condition that his heirs has allowed and agreed to not give mudharat to that corpse.
If the corpse was not known his identity, he has no heirs or guardians and heirs do not allow it, Islam Theologian give a different opinion : Some Islam Theologian do not allow to take organs to keep the honor of corpse. As a narration in Sunan Abub Dawud 3207, Sunan Ibn Majah 1616, Shohih Ibn Hibban 3167 and Musnafd Ahmas 24379
“Breaking corpse’s bones is as same as breaking his bones while alive”.
This hadith has arranged clearly that the law of cutting corpse’s hair and nails is makruh, although it is a common thing, but all body parts of corpse are noble.
Meanwhile, some Islam Theologian allow it if it was the only one way to save the lives of people who are sick. As this following qoidah
“that dhorurot state (forced) is allowing the forbidden things.”
However it must with the consideration of Muslim doctors who are very competent and understand the true Shari’a of Islam.
If the person who donates is a living person
We have to know that the majority of Islam Theologian forbid organ donors if someone who donates and someone who receive it are still alive. However, Dr. Wahhab Zuhailiy allows a person to donate if organs which are taken can grow again like skin and blood or it is not vital organs like heart and kidney. But there are some Islam Theologian who forbid organ donors, such as Sheikh Abdul Aziz bin Baz and Sheikh Muhammad Al-Utsaimin.
These two Islam Theologian argue that Allah Subhanahu Wa Ta’ala has created organs according to their benefits, so they can work well. If one of organs is taken, then the function and work of organs will disorders.
Moreover, according to him, organ donors have not guaranteed to succeed, while someone who donate has felt the pain.
[AdSense-A] Taking vital organs like heart, liver and kidney are bigger and more painful than breaking bones. *Al-Fiqhul Islami Wa adillatuha Dr. Wahbah Al-Zuahyli, Majmu Fatawa-Sheikh bin Baz, Fatawa Nur ‘Ala AD-Darb-Sheikh Muhammad Al-Utsaimian. Here are the conditions :
- If donor takings caused the death of a donor, then it is forbidden absolutely, whether it has received a permission from the donor or not. If it is done by permission, then it is also called suicide. If it is not done without permissions, then it is included in the murder.
- If it did not cause the death of a donor or a donor will not die although he has lost his organ, then the law is detailed again :
- If the donated organ can be renewed by body, the law is allowed such as benefits of blood donating or skin donors
- If the donated organ can not be renewed by body, the law is haram such as eyes, kidney, hands, feet and others.
Meanwhile, according to Sheikh Yusuf Qardawi argues that Islam does not limit alms. Whatever the form of charity and goodness, although it is in the form of organ donors to others, it is including an alms attitude. According to hi, the act of donating organs is the highest of alms because part of body is the highest of treasure from anything. See also ways to give charity in Islam.
Because of that, organ donor is included in an effort to How to be closer to Allah Subhanahu Wa Ta’ala and it is the most noble of alms (see also how to give sadaqah in Islam). However, Qardhawi mentioned that someone was forbidden to donate his organ that cause badness or misery to himself and others who has a permanent right of him. Nor should donate vital organs like heart, liver and kidney.
It is not permissible to remove dharar from others with making dhara in itself. So, the rule of la dharara wala dirara which means “Must not remove dharara with the same dharar or greater than it.”
For example, someone is not allowed to donate external organs such as eyes, hands and feet. Because it will lose dharar for others, but it can make dharar for himself. As well as the paired organs which he lost his partner, then the function of that organ will be not maximal.
Besides that, muqayyad that is given by Qardhawi must get a permission first from the person who have a right of him. If she is a wife, then it must get the permission of her husband, it he is a child, then it must get the permission of his parents.
The conditions of donor :
- A donor must be a mature and sensible.
- A little child is not recommended to donate his organ because he has not known his interests.
- Mad people are not allowed to donate
- A guardian is not allowed to donate the organs of children and mad people who are in his guardianship.
- It can not donate to non-believers and apostates
- It must be prioritized Muslims first than non-Muslims
It is according to Qardhawi and it is mentioned in the Quran Surah Al-Anfal : 75,
“Those of [blood] relationship are more entitled [to inheritance] in the decree of Allah.”
Although someone is allowed to donate, but Qardhawi does not allow anyone to trade organs such as selling properties that can be offered or exchanged.
Thus the article about the law of organ donor in Islam. Hopefully it is useful for you. Thank you.