Islam’s Perspective Towards Organ Donation and Transplant

Organ transplant is a treatment that wasn’t mentioned specifically in the Holy Quran or by the Prophet Muhammad’s Sunna. This method of treatment is a relatively new advancement in the field of medicine. One of the Maqassid al-Syariah (purpose of syariah) is persevering life. The principles followed in formulating the decree for organ transplant includes necessity overriding prohibition, choosing a path with the least harm/negative impact and making an effort to treat every sickness. In Malaysia, the decree on organ donation and transplantation has been declared since June 1970.

In Islam, organ transplant is permissible as long as that it is the last resort and there is no other alternative in saving a patient’s life. This type of treatment is permitted if both the donor (in live donation) and the recipient are not facing with any untoward harm because of the procedures involved. The donation has to be made sincerely and not because of monetary payment or rewards, nor to gain popularity or glamour. Organ donation must also receive a donor’s consent and must not be forced upon.

Decrees in Malaysia on Organ Donation

1965	Decree released by the state of Perlis permitting a cornea transplant from a dead patient
1970	National Decree Council accepting brain death as a diagnosis of death
1989	National Decree Council permitting the use of graft tissue to treat patients
1997	Decree released by Sarawak permitting a kidney transplant from a dead patient

Decrees of other Muslim countries on organ transplant

Source	Year	Decree
Sheikh H. Makhluf (Highest Grand Mufti, Cairo)	1952	Allows cornea transplant
Sheikh H. Maamun (Highest Grand Mufti, Cairo)	1959	Allows cornea transplant
Sheikh Hureidi (Highest Grand Mufti, Cairo)	1966	Allows cornea transplant
First OIC meeting	1969	Allows cornea transplant
Algerian Grand Islamic Council	1972	Allows organ transplant
Sheikh Khater (Grand Mufti, Cairo)	1973	Permitting skin transplant from an identified dead person
World’s Grand Decree Council, Jordan	1977	Organ transplantation is allowed
Grand Ulama Saudi Arabia	1978	Allows organ transplant
Sheikh Gad al-Haq (Grand Mufti, Cairo)	1979	Organ can be procured from a cadaveric donor
Kuwait’s Fatwa	1979	Organ transplant is encouraged even from a cadaver
Grand Ulama, Saudi Arabia	1982	Allows cornea transplant
Fatwa League of Islamic World	1985	Cornea transplant is allowed
Third OIC conference	1986	Brain dead is recognized as death
Fourth OIC Conference	1988	Organ transplant is allowed but organ trafficking and transactions made on getting an organ is prohibited