Is it permissible to donate one's kidney etc. during one's lifetime to a patient? And can a bequest be made for organ donation after death? What is the ruling on buying and selling organs?

Allah Almighty has honoured the human being: ﴿وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ﴾ (And We have certainly honoured the children of Adam) (Surah Al-Isra: 70). The human body is not the absolute property of the human being, but a trust from Allah; for this reason it is not permissible to harm it oneself either. This sanctity remains even after death; it is narrated from Aisha, may Allah be pleased with her, that the Messenger of Allah ﷺ said: “Breaking the bone of the deceased is like breaking the bone of the living” (Sunan Abi Dawud: 3207; Sunan Ibn Majah: 1616 — its chain is on the condition of Imam Muslim). On the other hand, the preservation of human life is also a great objective: ﴿وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا﴾ (And whoever saves one life, it is as if he had saved all mankind) (Surah Al-Ma'idah: 32), and the juristic maxim is: “La darar wa la dirar”, i.e. harm should neither be taken upon oneself nor caused to another (Sunan Ibn Majah: 2341 — Sahih). The decision on this issue will be made by balancing these principles.

An organ whose removal would cause the donor's death — such as the heart, or the entire liver — donating it during life is not permissible by consensus, because this is throwing oneself into destruction, which Allah has forbidden. Similarly, giving one eye or an organ through which the donor himself would suffer severe and permanent harm is not permissible due to the prohibition of harm (Islam Q&A, Fatwa No. 49711).

Regarding donation of organs such as blood, skin and one kidney — provided they replenish themselves on their own or the body continues to function normally without them — the majority of contemporary juristic councils have given permission with conditions: (1) the donor is adult, sane and fully consenting, with no coercion or inducement; (2) in the opinion of expert physicians, he does not suffer predominant and permanent harm; (3) there is a genuine need of the recipient and a predominant hope of success; (4) the donation is purely without compensation. Fatwas to this effect have been issued by Saudi Arabia's Council of Senior Scholars, the Islamic Fiqh Council (Muslim World League), and the fatwa committees of Jordan, Kuwait, Egypt and Algeria. However, some scholars have prohibited even this, holding that the body is a trust and a person's right of disposal over it is limited; this difference is authoritative, but the opinion of permissibility with observance of the conditions is preponderant.

According to Resolution No. 26 (1/4) of the Islamic Fiqh Academy (Organisation of Islamic Cooperation, Jeddah), fourth session held 6–11 February 1988: an organ may be taken from the deceased when the recipient's life or one of his basic functions (for example, eyesight) depends on it, and the deceased had given his consent during his lifetime or his heirs give permission; in the case of an unidentified deceased with no heirs, the permission of the competent authority is a condition. Therefore, for a person who makes a bequest for this and the conditions are fulfilled, acting upon his donation is permissible; however, some scholars have kept post-death donation impermissible as well due to the severity of the sanctity of the deceased, so whoever has hesitation in his heart due to this difference, there is no sin upon him in not making such a bequest.

Buying and selling organs and commission or brokerage upon it is prohibited and haram in Shariah; the same resolution explicitly prohibits the buying and selling of a human organ, because this is contrary to the honouring of the human being and equivalent to making him a commercial commodity. Accepting an offer to sell a kidney or participating at any level in this trade also falls under the same ruling.

Maqasid note: In this issue two great objectives stand face to face: preservation of life (hifz al-nafs) and preservation of human dignity (hifz al-karamah al-insaniyah). Observance of the conditions is the balance by which life is also saved and the honour and sanctity of the human being are also not violated.

Translated from the original Urdu fatwa.