Is organ donation permissible?

Answered by Mufti Muhammad ibn Adam, Darul Iftaa (Leicester, UK) In the name of Allah, Most Compassionate, Most Merciful, The issue of organ transplant has been a matter of great debate and dispute among the great contemporary scholars from around the globe. It has been discuss ed in various fiqh seminars, and many short and detailed works have be compiled on the subject. The majority of the Indo/Pak scholars are of the view that organ transplant is not permissible, while, the Arab scholars and some scholars of the Indian sub continent give its permission under certain conditions, (details of these condit ions will be mentioned further along). No body has given a general unconditional permission for the transplantation of organs. It must be remarked here that this issue is contemporary and obviously it is impossible for us to find express rulings concerning it in the classical works. As such, the views of the contemporary scholars are based upon the general and broad guidelines of Shariah. It is obvious that this will result in difference o f opinion, thus no one opinion should be condemned, as the intention of all the scholars is to please Allah, and live a life that is in accordance with Shariah. 1) The view of impermissibility As mentioned earlier, the majority of the Indo/Pak scholars hold the view th at organ transplantation can not be deemed permissible due to the harms and ill effects of it overcoming the potential benefits There view is based on the following grounds: a) The first and foremost is that Allah Almighty has honoured the human. All ah Most High says: And verily we have honoured the children of Adam (Surah al-Isra , V.70). As such, it is a well established principle of Shariah that all the organs o f a human body, whether one is a Muslim or a non-Muslim, are sacred and must not be tampered with. To take benefit from any part of a human is unlawful (haram). Allah Almighty made humans the best of creations and created everything for their benefit. Allah Most High Says: It is He, who has created for you all things that are on earth. (Surah al-Baqarah, 2.29). Thus, it is permissible for a human to take benefit from every creation of A llah which includes animals (under certain conditions), plants and inanimate thi ngs. As such, it would be unreasonable to place humans in the same category of t he above things by giving permission to use parts and derive benefit out of thei r body that necessitates cutting, chopping and amputating parts of the body. Thi s is certainly unreasonable and unlawful on a human body. A very famous Hadith prevents the usage of human parts. Sayyida Asma bint Ab i Bakr (Allah be pleased with her) narrates that the Messenger of Allah (Allah b less him & give him peace) said: Allahs curse is on a woman who wears false hair ( of humans) or arranges it for others. (Sahih Muslim, no. 2122). Imam Nawawi (Allah have mercy on him) writes in the explanation of this Hadi th: If human hair is used, then it is unlawful by consensus, whether its the hair of a man or woman, because of the general narrations that prohibit this. And als o, it is unlawful to take benefit from the hair and all other organs of a human body due to its sanctity. The hair of a human along with all his body parts must

be buried. (Commentary of Sahih Muslim by Nawawi, p. 1600). The Jurists (fuqaha) have stated that in the case of extreme necessity and w hen there is no alternative available, even unlawful things, such as pork and al cohol, become permissible. However, even in such a situation, consuming or deriv ing benefit from a human body still remains unlawful. It is stated in al-Fatawa al-Hindiyya: If a person feared death due to hunger and another person said to him: Cut my hand and consume it or he said: Cut a part of me and eat it, it will be unlawful for him to do so. Similarly, it is impermis sible for a desperate person to cut part of his own self and eat it. (al-Fatawa a l-Hindiyya, 5/310). Allama Ibn Abidin (Allah have mercy on him) explains: Because the flesh of a human remains unlawful even in forceful situations. (Radd al-Muhtar, 5/215) Imam Ibn Nujaym (Allah have mercy on him) states: It is impermissible for the one who is dying out of hunger to consume the food of another person who is als o dying out of hunger; neither will be permissible to consume any part of the ot her persons body. (al-Ashbah wa al-Nazair, p. 124). The Fuqaha have also stated that if one was compelled by force to kill anoth er human, it will not be permissible, even if his own life was in danger. (See: al-Kasani, Badai al-Sanai, 7/177 & Ibn Qudama, al-Mugni, 9/331). Imam al-Marghinani (Allah have mercy on him) states regarding the sanctity o f a human: It is unlawful to sell the hair of a human, as it is (unlawful) to tak e benefit out of it, for a human is honoured and sacred, and it is not permissib le to disgrace any part of a humans body. (al-Hidaya 4.39) A human body is sacred even after his/her death. The Messenger of Allah (All ah bless him & give him peace) said: Breaking the bone of a dead person is simila r (in sin) to breaking the bone of a living person. (Sunan Abu Dawud, Sunan Ibn M ajah & Musnad Ahmad). The great Hanafi jurist and Hadith Imam, Abu Jafar al-Tahawi (Allah have merc y on him) writes in the explanation of this Hadith: The Hadith shows that the bon e of a dead person has the same sanctity and honour as the bone of living person. (Mushkil al-Athar). In another Hadith it is stated: Harming a believer after his death is similar to harming him in his life. (Musannaf of Ibn Abi Shayba). Also, the books of classical scholars are full with examples indicating the impermissibility of deriving benefit out of a human body due to it being honoure d. In conclusion, the human body, dead or alive has great significance. It is h onoured and sacred, and because of the sanctity that is attached to it, it will be unlawful to tamper with it, cut parts of it or dishonour it in any way. b) The cutting of and tampering with a human body amounts to mutilation and deformation of a divinely created body (muthla), which has clearly been prohibit ed in Shariah. Qatada (Allah be pleased with him) narrates that the Messenger of Allah (All ah bless him & give him peace) used to encourage giving in charity and prevent M uthla. (Sahih al-Bukhari, 2/206) In another Hadith, the Messenger of Allah (Allah bless him & give him peace)

said: Abstain from Muthla. (Sahih Muslim, 2/82). This is also supported by the verse of the Quran, where Allah Allah Almighty mentions the words of Shaytan, when he said: I will mislead them and I will order them to slit the ears of cattle, and to deface the (fair) nature created by All ah (4: 119). To deface the fair nature created by Allah, both physically and spiritually, is what Shaytan likes and orders to practise. As far as the permissibility of blood transfusion in cases of need is concer ned (See below, for the ruling on blood transfusion and donation, which was post ed earlier), it does not necessitate the cutting of human parts or any surgical procedures on the body, rather it is drawn and transfused by means of injection, thus it is akin to human milk that is extracted without any surgical procedures . c) The human body and parts are not in our ownership in that we may fiddle w ith them as we desire. It is a trust (amanah) that has been given to us by Allah Almighty. As such, it will be impermissible for one to sell, give or donate any organs of his body. Islam has forbidden suicide for the same reason. There are many texts of the Quran and Sunnah that clearly determine this. Thus, it will be unlawful for one to give his organs to another. d) It is unlawful for an individual to inflict harm upon himself or others. The Messenger of Allah (Allah bless him & give him peace) said: It is unlawful to inflict harm upon your self and others, (la dharar wa la dhirar). (Mustadrak of al-Hakim) The famous principle states: Harm can not be removed by a similar harm (meanin g, in order to remove harm from another individual, it is impermissible for one to harm himself). (Ibn Najaym, al-Ashbah, P. 123). Therefore, it will be impermissible for a living person to donate part of hi s body due to it being harmful for him. e) The principle of Islamic jurisprudence states: When the evidences of prohi bition conflict with the evidences of permissibility, preference is given to pro hibition. (Ibn Nujaym, al-Ashbah wa al-Nazair). In view of the above and other evidences, according to this group of scholar s, it is unlawful to transplant organs, whether it be of a living person or a de ad body, and whether there is a need or otherwise. In other words, there is no p ermissibility whatsoever for the transplantation or donation of organs. 2) The view of permissibility According to almost all of the major Arab scholars and also some contemporar y Indo/Pak scholars, the transplantation and donation of human-organs would be p ermissible subject to certain conditions (which will be mentioned later). This v iew is based on the following grounds: a) The famous principles (qawaid) of Islamic Jurisprudence based on the teach ings of the Quran and Sunnah permit the use of unlawful things in cases of extrem e need and necessity. In case of Necessity, certain prohibitions are waived, as when the life of a person is threatened the prohibition of eating carrion or dri nking wine is suspended. Allah Most High says: He (Allah) has only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name h as been invoked besides that of Allah. But if one is forced by necessity, withou

t wilful disobedience, nor transgressing due limits, then he is guiltless. For A llah is Most Forgiving and Most Merciful. (Surah al-Baqarah, v. 173). The Quran also permits the utterance of disbelief (kufr) in order to save you r life. Allah Most High says: Anyone who, after accepting faith in Allah, utters unbelief, except under compulsion whilst his heart remaining firm in faith (Surah al-Nahl, V. 106). The principle of Fiqh, based on the above Quranic guidelines, states: Necessit y makes prohibition lawful (See: Ibn Nujaym, al-Ashbah wa al-Nazair, P. 85 ). According to Imam Shafii (Allah have mercy on him), it is permissible for a p erson dying out of hunger to consume the meat of another human. (See: Ibn Qudama , al-Mugni, 9/335). Therefore, in cases of need and necessity, impure, unlawful and Haram things become permissible. When a persons life is in danger and he is in dire need for transplantation, he is in such a situation, thus the transplantation of organs w ill be permissible. b) With regards to the aspect of human sanctity, there are two things that n eed to be taken into consideration. Firstly, d respected, us to honour cing a human her. it is true that a human body, whether dead or alive, is honoured an but does the modern procedure violate this sanctity? Islam ordered a human body but did not prescribe any fixed methods for it. Disgra body may change from one time to another and from one place to anot

Thus, it could be said that the current procedure of organ transplantation i s not considered dishonouring a human body. The surgery is performed in the most respectable way and it is not considered to be disrespectful. This is the reaso n why many highly respected people of the community regard donating of organs as a mark of merit, and they are not looked down upon. Secondly, there are cases where Shariah overlooks the sanctity that is attri buted to the body, such as in the case of saving another human. It is stated in Tuhfat al-Fuqaha: If a pregnant woman died and the child in h er stomach is still alive, her stomach will be cut open in order to take the chi ld out, for in there is saving the live of a human, thus the sanctity of a human body will be overlooked. (Samarqandi, Tuhfat al-Fuqaha, 4/261 & Badaii al-Sanai). This is also based on the juristic principle: If one is confronted with two e vils, one should choose the lesser of the two (al-Ashbah wa al-Nazair). c) As for a human not owning his body is concerned, Islam permits a human in certain situations to utilize his body. It is similar to the wealth which Allah Almighty has given a human, and he is permitted to utilize it (in a correct man ner) and give it as a gift. If an individual is drowning or is in the midst of a burning flame, it is to tally permissible to go and save him. Similarly, it will be permissible to donat e your organ in order to save the life of a fellow human being. d) Almost all of the scholars give permission for the transfusion and donati on of blood in cases of need and necessity (see below), then why is there a diff erence in the issue of organ transplant. The surgical procedure of transplantati on ensures that one does not go thorough unnecessary mutilation of his body. It is similar to surgical treatment that is carried out on a living person for medi

cation purposes. In view of the above (according to this group of scholars), it will be permi ssible to transplant and donate organs in order to save another persons life. How ever, this is subject to certain terms and conditions. The international Islamic fiqh academy (Majma al-Fiqh al-Islami) which consis ts of a number of major scholars from around the globe researched this issue in February 1988, and after extensive research, issued the following verdicts: Note, that the resolutions of the Islamic fiqh academy have been published i n Arabic and translated in a number of languages. Below is the original Arabic t ext and its translation in English:

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: : . :

: . Shariah Rulings 1) It is permitted to transplant or graft an organ from one place of a p ersons body to another, so long as one is careful to ascertain that the benefits

of this operation outweigh any harm that may result from it, and on the conditio n that this is done to replace something that has been lost, or to restore its a ppearance or regular function, or to correct some fault or disfigurement which i s causing physical or psychological distress. 2) It is permitted to transplant an organ from one persons body to anothe r, if it is an organ that can regenerate itself, such as skin and blood, provide d that the donor is mature and fully understands what he is doing, and that all the other relevant shariah conditions are met. 3) It is permitted to use part of an organ that has been removed from th e body because of illness to benefit another person, such as using the cornea of an eye removed because of illness. 4) It is unlawful (haram) to transplant or use an organ on which life de pends, such as taking a heart from a living person to transplant into another pe rson. 5) It is unlawful (haram) to take an organ from a living person when doi ng so could impair an essential and vital function in his body, even though his life itself may not be under threat, such as removing the corneas of both eyes. However, removing organs which will lead to only partial impairment is a matter which is still under scholarly discussion, as is mentioned in resolution 8. 6) It is permitted to transplant an organ from a dead person to a living person when his life depends on receiving that organ, or when vital functions o f his body are otherwise impaired, on the condition that permission is given eit her by the person before his death or by his heirs, or by the leader of the Musl ims in cases where the dead persons identity is unknown or he has no heirs. 7) Care should be taken to ensure that in all of the above situations wh ere transplantation is permitted, no buying or selling of organs is involved. It is not permitted to trade in human organs under any circumstance. However, the question of whether the beneficiary may spend money to obtain an organ he needs, or to show his appreciation, is a matter which is still under the research of t he scholars. 8) Anything other than the scenarios described above is still subject to scholarly debate, and requires further detailed research in the light of medica l research and shariah rulings. And Allah knows best. (See: Qararat wa tawsiyat majma al-fiqh al-Islami, P. 59-60). The Islamic Fiqh academy of India also discussed this issue, and one of thei r members who is recognised as a renowned scholar Shaykh Ubaid Allah al-Asadi (Al lah preserve him) compiled a very extensive article. The following are summarize d points of some of the conditions mentioned in his article (that have not been mentioned in the above resolutions): 1) There should be no other reasonable alternative availible in the view of experienced medical experts 2) All efforts should be made to avoid transplanting of a non-Muslims org an into a Muslim and vice versa. If this is not possible, only then the organ of a non-Muslim may be used. 3) Only the organs of a dead person should be used. However, if that is not possible, then only will it be permissible to use the organ of a living pers on.

In conclusion, the above are the two viewpoints of the contemporary scholars with regards to organ transplant and donation. The stance of some scholars, how ever, is that they abstain from issuing any verdict altogether on this issue. My respected teacher, Shaykh Mufti Taqi Usmani is one of those who are reluc tant to voice their opinion. In a writing of his which I have (and I have also h eard this from him verbally), he states: After the compilation of the book Islams ruling on organ transplantation (by his esteemed father, the grand Mufti of Pakistan, Mufti Muhammad Shafi, in whic h he strongly emphasised the impermissibility of organ transplantation, and whic h was also endorsed by Shaykh Taqi, m), I read the various arguments in favour o f organ transplantation, thus it has left me hesitant and uncertain in this matt er. As such, I now abstain from issuing any verdict. Therefore, one may follow any of the above two viewpoints, as they are both from great scholars of Islam. If one acts on the view of permissibility, then it would be advisable, as a precautionary measure, to seek forgiveness from Allah (istigfar) and donate something in charity. And Allah knows best Muhammad ibn Adam al-Kawthari, UK www.daruliftaa.co.uk

Organ Transplant Muhammad Afifi al- Akiti, Belfast. 18 March 1996. All Praises belongs to Allah, who has lavished His favours on His servants, We Seek refuge in Allah, Most Exalted, from the evils of our own selves and from our wicked actions. Whomsoever has been guided by Allah, none can misguide him, and whomsoever has been misguided by Allah, none can guide him. I bear witness that there is no true God worth of being worship except Allah, alone, having no partner. And I bear that Muhammad (s.A.w.) is His slave and His Messenger. To proceed: "O servants of Allah, seek treatment for your ailments, for sur ely He who has created the disease has also given a cure for it. Those who are k nowledgeable will be able to discover this cure." (Related by Bukhari) Aisha narrated that the prophet (s.A.w.) said: "Indeed the Believers would be hardly pressed, and indeed every believer who is to suffer even from a sting or pain, Allah would as a reward, erase one of his sins and increase his rewards a degree." (Related by Ahmad,Ibn Sa d, al-Bayhaq & al-Hakim) The opinion among most Fuqaha (jurists) is that seeking medical treatment is either recommended (Mandub) or obligatory. There are many Ahadith which encoura ge the Muslims to seek medical treatment. Therefore it is up to the patient to d ecide whether or not if he wants to undergo organ transplant. In regards to the prohibition of violating and mutilating the dead, it has b een narrated that a man was digging a grave and he stumbled on some bones, the P rophet of Allah (s.A.w.) said:

"Breaking the bones of the dead is like breaking the bones of the living." ( Related by Ahmad, Abu Dawud & Ibn Majah) It is a general rule in Fiqh in which it is prohibited to violate, harm or m utilate the dead body whether it is a Muslim or non-Muslim cadaver, as an act of revenge, showing disrespect or doing so without any good reason. There are exce ptions to this general rule especially in the light when there is a Necessity (D arurah). "The Fuqaha of the Maliki and the Hanbal schools state that it is impermissi ble to dissect a dead pregnant lady in order to retrieve the baby, as it is dif ficult to determine whether the baby is alive. Because of this uncertainty, it s hould not be a cause to violate the sanctity of the dead. On the other hand, the Fuqaha of Shafi i allows this dissection to be carried out. Besides, to dissect a dead body in order to remove valuable goods is allowed according to Jumhur ex cept the Hanbal school." (Ad-Durr al-Mukhtar 3/246) Nowadays, it is possible for medical authorities to determine whether the ba by is alive or not when such cases arise. The uncertainty that some Fuqaha had, is thus removed. In Fiqh al-Islam wa Adillatuh (7/3), the author concludes: "Based on the rul ings which allows dissection on dead bodies in specific cases, therefore any dis section or operation done on the dead body due to a significant necessity is all owable. Forexample, dissection for the knowledge of medicine and dissection in o rder to find the cause of death to convict criminals by which there are no other avenues to come to the truth (al-Haq). These are based on the Shari ah principl e of establishing justice ( Adil) in any ruling given by the court, inorder to a void injustice (Dhalim) from happening to the innocent or to ensure the guilty n ot to escape from the punishment as a result of his crimes. Even though such dissections are allowed, it should be done within necessary limits withoutoverdoing it. Besides, the sanctity of the dead body has to be re spected and handled properly.After the investigation, bits and pieces should be gathered, the body should be closed by suturing itup and finally shrouding the b ody. It is also allowable to perform any organ transplant such as the human heart or the eye. This must bewith the condition that the donor is proven to be dead by a specialist in the field. This is because thepriority is given to the living . The success of recovering vision for a human is a wonderful gift and isdemande d by the Shara ." In al-Ifta , The Permanent Committee for Legal Rulings (Fataawa) in Saudi Ar abia conclude the following regarding dissection on dead bodies: 1.Dissection to discover if there is a criminal act causing the death is sanctioned. 2.Dissection to see if there is a contagious disease and to then conclud e how to stop its spread is sanctioned. 3.Dissection for educational and training purposes is accepted. The following is another legal ruling about organ transplant. Wabillahit Tau fiq, And the last of our prayer: "Glory to your Lord, the Lord of Honour & Power ! He is better from what they ascribe to Him! Peace be upon the Messengers! Prai se be to Allah, the Lord of the worlds." (37:180-182) The Council which consists of scholars from all the major Muslim Schools of Law in Great Britain, together with three distinguished lawyers has considered t

he issue of organ transplant and resolved that: ath. The medical profession is the proper authority to define the signs of de

Current medical knowledge considers brain stem death to be a proper defi nition of death. The Council accepts brain stem death as constituting the end of life for the purpose of organ transplant. The Council supports organ transplant as a means of alleviating pain or saving life on the basis of the rules of Shari ah. Muslims may carry donor cards. The next of kin of a dead person, in the absence of a donor card or an e xpressed wish of the dead person to donate his organs, may give permission to ob tain organs from the body to save other people s lives. Organ donation must be given freely without reward. Trading in organs is prohibited. Organ Transplant Ruling: List of the Ulama and Scholars who participated during the consultation and then approved the statement on Organ Transplant: 1.Dr M A Zaki Badawi Principal, The Muslim College, London Chairman, The Mus lim Law (Shari ah) Council UK. 2.Dr Jamal Sulayman, Professor of Shari ah, The Muslim College, London. 3.Dr A A Hamid, Professor of Hadith, The Muslim College, London. 4.Dr Fazel Milani, Professor at The International College of Islamic Science s London. 5.Dr S M A Shahristani, Principal, The International College of Islamic Scie nces London. 6.Moulana Abdul Hadi Umri, General Secretary, Jamia-te-Ahl-e-Hadith (UK). 7.Moulana Qamaruzzaman Azami, Chief Imam, North Manchester Central Mosque & General Secretary, The World Islamic Mission. 8.Mufti Mohammed Yunus President, The World Islamic Mission & Imam, Woking M osque. 9.Mufti Mohammed Muniruzzaman, Imam, Munir-ul-Islam Mosque, Rochdale. 10.Dr Abdul Halim, Senior Imam, The Islamic Cultural Centre and London Centr al Mosque, Regent s Park London. 11.Mufti Alauddin, Head Imam, Brick Lane Central Mosque, London. 12.Moulana Hafiz M Khalid, Head Imam, Sparkbrook Islamic Centre, Birmingham. 13.Moulana Mumtaz Ahmed, Imam of Bradford. 14.A A Bashiri Esq. Barrister-at-Law. 15.R Abdullah Esq. Barrister-at-Law. 16.Dr Safia Safwat, Barrister-at-Law. 17.Moulana M Shahid Raza, Director, Islamic Centre Leicester & Secretary, Th e Muslim Law (Shari ah) Council UK. 18.Mr S G Syedain, General Secretary, Imams & Mosques Council UK. 19.Dr. Manazir Ahsan, Director of the Islamic Foundation Islam holds that Man consists of two essential elements, one material which is the body, the other spiritual which is the soul. Life exists in the human bod y as long as the soul is joined to it, and it ceases when the soul departs from the body. "Who made all things good, which He created, and He began the creation of ma n from clay then He made his seed from a draught of despised fluid. Then He fash ioned him and breathed into him of His Spirit, and He appointed for you hearing

and sight and hearts. Yet small thanks do you give for it!" (32:7-9) Thus the cessation of life means the departure of the soul from the body: "Allah recalls souls at the time of their death, and those who have not died , during their sleep. Heholds on to anyone whom death has been decided for, and sends the others back for a specific period." (39:42) The soul is a mysterious thing and nobody has been able to discover its natu re. Its presence in the body results in life which is observed by the movement a nd the other conventional signs of life. The departure of the soul from the body results in death, which is associated with certain physical signs arrived at as a result of medical observations and knowledge. The signs of death which the ancient medical doctors have listed are: lack o f consciousness, loss of body temperature, cessation of pulse and breathing, gla zing of the eyes, parting of the lips, sagging of the nose, and slackening in th e muscles of the hands and feet. The heart used to be considered as the centre o f life in the body. When it stopped completely it was assumed that death occurre d. But if it regained its functions through first aid practices life is assumed to have returned. The last five decades have witnessed a big leap in medical science bringing great benefits and skills which were unthinkable before. It is now possible to t ransplant organs from one body into another, which would help the recipient to c ontinue to live. The significance of the heart has also changed as it is no long er considered the most important organ with regard to life and death. Medical op inion now considers the brain to be the central and crucial part which controls the entire body and its functions. When it is damaged partially or totally the b ody will suffer either partial or total deterioration. As a consequence of the p resent development in medical knowledge and skills a number of questions have ar isen. These are: Is it allowed to remove an organ like the kidney from the body of a livi ng person and transplant it into the body of a sick person whose life depends on it? Is it permissible to remove an organ from the body of a dead person to b e used to save the life of a living person? Is a person allowed to donate his body or part of it to be used after hi s death in saving the life of other people? Does Islam recognise the new definition of death that is brain stem deat h? If it does is it permissible to remove from brain stem dead persons orga ns for transplant while there are signs of body functions like heart beat temper ature and breathing? Before answering these questions it is important to note the following princ iples of Islamic Jurisprudence (Usul-Fiqh): A person has the legal authority over his own body, attested by the fact tha t he can hire himself for work which might be difficult or exhausting. He may al so volunteer for war which may expose him to death. A person is forbidden from h arming himself or others (It is not legitimate in Islam to inflict harm on other s or to suffer harm from them - Hadith). In case of Necessity certain prohibitio ns are waived as when the life of a person is threatened the prohibition on eati ng carrion or drinking wine is suspended. "He has only forbidden you what has died by itself, blood and pork, and anyt hing that has been consecrated to something besides God. Yet anyone who may be f

orced to do so, without craving or going too far, will have no offence held agai nst him; for Allah is Forgiving, Merciful." (2:173) Confronted with two evils a person is permitted to choose the lesser of the two, as in the case of a starving person whose life could be saved by either eat ing carrion or stealing from another person s food. He would be permitted to opt for the latter. Islam made it an obligation upon the sick to seek treatment. In the light of the above principles the Council is of the opinion that: 1. It is permissible for a living person to donate part of the body such as the kidneys to save the life of another, provided that the organ donated would n ot endanger the donor s life and that it might help the recipient. The Prophet (s.A.w.) says, "Whoever helps a brother in difficulty, God will help him through his difficulties on the Day of Judgement." 2. It is permissible to remove the organ of a dead person to be used to save the life of a sick person. 3. It is permissible for a person to donate his body or parts of it to be us ed after death to treat those who need transplants. So it is permissible for Mus lims to carry a donor card. 4. In the absence of a donor card carried by the dead person it is sufficien t to obtain the consent of the next of kin. n. 5. The proper authorities will act in lieu of relations if they are not know

Regarding brain stem death, the Council, having discussed the matter over a number of meetings with Doctors and specialists, and having studied the safeguar ds instituted by the Ministry of Health in Great Britain, went further and exami ned the research done by trustworthy Muslim Doctors and noted the following: If the heart stops beating then lack of consciousness and the cessation of b reathing will follow immediately. If however the person is helped by massage of the heart (CPR) or through the use of electric shock (defibrillation) within four or five minutes the heart ma y restart. If the flow of the blood to the brain ceased for more than a few seconds dam age may occur, although some of the cells will remain alive for four or five min utes. On the other hand if the brain stem ceases to function it cannot be made t o restart. After the brain stem is dead it is possible to preserve some organs function ing for a period from six hours to two weeks. The presence of pulse or movement after the death of the brain stem is not a sign of life. We know that a hanged o r beheaded person continues to have pulse and movement for a brief period. But t hey are not considered to be alive and it would not be possible to bring them ba ck to life. Based on the above the medical profession concludes that life ceases as a re sult of brain stem death. The Council is of the opinion that trustworthy Doctors are the proper and au thentic authority when it comes to defining the signs of death. After a thorough consideration regarding medical opinion and several edicts

issued by different religious bodies, the Council arrived at the following concl usions: After trustworthy Doctors certify that the brain stem has died organs needed to save others lives might be taken from the body, and then the life support m achine may be switched off. While the Council recognises the need for benefiting from the advances of me dical science in alleviating the suffering of the sick and saving lives, it wish es to remind everyone especially Doctors of the following points: Human beings are the most honoured creature on earth. Their dignity in life and death must be maintained. "We have dignified the Children of Adam and transported them around on land and at sea. We have providedthem with wholesome things and favoured them especia lly over many of those whom We have created." (17:70) Human life is sacred. To terminate the life of one person is equivalent to t he termination of the life of all humanity. Conversely the saving of one life is regarded as the saving of all humanity. "Whosoever kills any person without another soul being involved or for causi ng corruption in the earth, it shall be as if he had killed all mankind and whos oever saves the life of one it shall be as if he had saved the life of all manki nd." (5:32) The Council is of the opinion that human organs should be donated, and not s old. It is prohibited to receive a price for an organ.