Organ donation (10)

In the final two blogs on the topic, I would like to summarise the rules of various maraja’ on the topic. From the discussions about the various narrations and arguments in the previous blogs, inshaAllah you will be able to see inside the mind of these maraja’ (no specific order) and understand how and why they have come to the conclusion they have.

Firstly, the view of Ayatullah Seestani is that transplantation from a dead Muslim is only possible if the life of another Muslim depends on it, even if it is in the will of the Muslim. From a live person, it is allowed as long as the organ is not crucial to his/her life – e.g. kidney donation/blood donation to a non-Muslim is also not a problem. He considers it permissible to transplant from animals (including from a pig). He does not consider it allowed to transplant from someone in a coma/brain dead, even if there is no hope that the person may revive, because that would be considered murder. (1)

Secondly, the view of Ayatullah Makarim Shirazi is that organ donation for transplant in another person is allowed if the latter person’s life is dependent on the organ donation. He does not (as far as I could tell) distinguish between non-Muslims and Muslims. (2)

Thirdly, the view of Ayatullah Fadlallah. He seems to come at this issue from a different angle. Although he acknowledges the importance of respecting the dead body, and makes it clear that taking organs from a non-Muslim is different to a Muslim (because Islam emphasises being open and respecting the belief system of others), his language on the topic is very different. He talks about the societal need for organs in society, and that giving organs is good from an akhlaq perspective. Therefore, the act of being a donor (either in your will, or whilst living) is a gift and this turns a negative thing (disturbing a dead body and cutting it/harming oneself) into a positive thing (helping someone else in society). Therefore, he even allows giving an eye when you are alive…etc. and has no issue with giving an organ to a non-Muslim. He also has no problem with pig hearts…etc. Furthermore, he believes that brain death is the real death (not when the heart stops beating), allowing donation of organs at that time. (3)

In the next blog, we will look at a few other major scholars’ views.

Source:

(1): http://www.islamopediaonline.org/fatwa/collected-rulings-ayatollah-sistani-organ-transplantation; www.al-islam.org/laws/contemporary/; http://www.al-islam.org/laws/contemporary/muamalat4.html; http://www.alulbayt.com/rulings/16.htm; http://www.najaf.org/english/book/2/inside/41.htm; In addition through an email exchange with najaf.org, I confirmed the point donating to non-Muslims after death.

(2) http://imamshirazi.com/new%20issues.html

(3) http://arabic.bayynat.org.lb/nachratbayynat/idaaat/idaat264_3.htm, http://arabic.bayynat.org.lb/marjaa/tabaroh.htm, http://arabic.bayynat.org.lb/kadaya/kmokh_waheb.htm, http://arabic.bayynat.org.lb/moukhtarat/itob.htm