BAYAN LINNAS SERIES 176: ORGAN AND TISSUE DONATION (UPDATED VERSION)

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Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

This is the updated version of the discussion regarding the issue of organ donation that was published in 2015. Due to the rapid advancement and discovery made in the field of medicine these past few years, after further consideration, we found that there is a need to revise the scope of organs and tissues that were discussed previously. Thus, in this series of Bayan Linnas, we will discuss the rulings and opinions regarding organ and tissue donation.

Definition of Organ/Tissue Donation

Organ/tissue donation is the process of donating organs or a part of an organ (tissue) from one person to another person in need (due to injury or organ failure) for transfer or transplantation. After organ transplantation, the patient will continue living with increased quality of life. (See Derma Organ (Organ Donation) through the official website of Ministry of Health Malaysia MyHEALTH, http://www.myhealth.gov.my/derma-organ/)

The Issue of Organ Donation

The 1st Conference of the Fatwa Committee of National Council for Islamic Religious Affairs convened on 23rd-24th June 1970 discussed the Transplantation of Heart and Eyes. The Conference has decided that the transfer of the eyes and heart of the dead to the living person is permissible in Islam, under the following conditions:

  • In exigent or desperate situations, where the patient is in a life-threatening situation and the organ transplant are the last resort for him to live.
  • In the case of a heart transplant, the death of the donor must be confirmed before the heart transplant surgery is performed.
  • Necessary steps and precautions should be implemented to prevent human and organ trafficking and killing.
  • One must obtain the permission before any organ transplant is performed from the donor for natural death, or from the family members, heirs or beneficiary of the donor for accidental death.

Organ transplant is permissible in order to protect the lives of humans which is a commandment in maqasid al-Shariah (the objectives of Shariah). This is in accordance with the statement of Allah SWT:

يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ

“Allah intends for you ease and does not intend for you hardship.”

Surah al-Baqarah (185)

Al-Qurtubi said: “This verse is general, which means it is applicable to every religious matter.” (See al-Jami' li Ahkam al-Quran, 1/201)

Syeikh al-Maraghi said: “It is permissible only if it does not result in another problem or issue. It is considered as facilitation (rukhsah) in this issue. So, when there is no reason (‘illah), the facilitation (rukhsah) is no longer applicable.” (See Tafsir al-Maraghi, 1/365)

The same is stated in the hadith of the Prophet PBUH regarding the removal of harm, from Abi Sai’d al-Khudri RA, the Prophet PBUH said:

لَا ضَرَرَ وَلَا ضِرَارَ

“Harm shall not be inflicted nor reciprocated”

Sunan Ibn Majah (2341) and al-Daraqutni (4/228), Imam Malik (2/746) in al-Muwatta’

Imam Ibn Daqiq al-‘Id cited al-Mahasini: “What is meant by loss is doing something for his benefit, but results in the harm of others.” This is a valid opinion. (See Syarh al-Arba'in al-Nawawiyyah fi al-Ahadith al-Sahihah al-Nabawiyyah, pg. 83)

Some scholars say: “What is meant by harming others (that does no harm unto you) is harming someone else that does not harm you. While what is meant by reciprocating harm is responding or reprisal of something more harmful when it is not for the purpose of defending the truth.” (See al-Kafi Syarah Arba’in al-Nawawi, pg. 302)

There are also several Islamic legal maxims that explain in some situations, it is permissible to choose lesser harm. An example of this is:

إِذَا تَعَارَضَ مَفْسَدَتَانِ رُوْعِىَ أَعْظَمَهُمَا ضَرَرًا بِارْتِكَابِ أَخَفَّهُمَا

When there are two harms and one must be chosen, then choose the lesser harm.

The greater harm must also be removed when the lesser harm is chosen, according to the fiqh maxim:

الضَّرَرُ الأَشَدُّ يُزَالُ بِالضَّرَرِ الأَخَفِّ

A greater harm is removed by lesser harm.

Data from the Ministry of Health Malaysia

According to the Ministry of Health Malaysia, the percentage of organ donors in Malaysia is lower compared to other Muslim countries such as Iran and Turkey. Furthermore, the only fatwa issued in regards to organ donation is for heart and cornea transplant.

Thus, the Ministry of Health suggested for an update and revision of the National Fatwa issued in 1970 regarding the permissibility of cornea and heart donation should be expanded to the discussion of other organs and tissues, which is not available right now.

Hence, this series of Bayan Linnas is meant as an explanation regarding the ruling of organ donation that includes heart, cornea and others.

The Issue of Organ Donation

The issue of organ donation involves the rulings of syarak that need an explanation and answer to. Before discussing this issue further, the following are the opinions and discussion of ahli ikhtisas and scholars. [1]

The scholars’ opinions are divided in two; which are permissible and prohibited.

Prohibited (Haram): The scholars that hold this opinion are Syeikh Mutawalli al-Sya’rawi[2], Syeikh Ahmad bin Ahmad al-Khalili[3], Syeikh ‘Abd al-Salam Rahim al-Sukkari[4], Sayyid Muhammad Qutbuddin[5] and Syeikh Sharif Muhammad ‘Abd al-Qadir.[6]

Permissible (Harus): Generally, this is the opinion of the majority of scholars, researchers and world fatwa institutions, including Malaysia. Among the scholars that permit organ donation are Syeikh Jad al-Haq ‘Ali Jad al-Haq[8], Syeikh ‘Abd al-Rahman al-Sa’di, Syeikh Ibrahim al-Ya’qubi[9], Dr. Ahmad Sharafuddin[10], Dr. Rauf al-Shalabi (it is permissible on the condition that the donor is alive)[11], Dr. Abd al-Jalil Shalabi (he even ruled it obligatory)[12], Dr. Mahmud ‘Ali al-Sartawi[13], Dr. Hashim Jamil Abdullah.[14]

According to the records, the permissibility of organ donation fatwa has been issued by the state of Perlis (1965)[15], Sarawak (1996)[16], Selangor (2000)[17], Johor (2001)[18] and Penang (2010)[19]. While for the state of Federal Territories have issued the ruling of organ donation through Bayan Linnas “ Organ Donation (2015)[20]Al-Kafi Li Al-Fatawi Series- 528: The Ruling of Receiving Blood and Organs from Non-Muslims (2017)[21] dan Al-Kafi Li Al-Fatawi Series-114: The Ruling of Inter-Religious Blood Donation(2015)[22]Al-Kafi Li al-Fatawi Series-480: Brain Death with Some Reflex Reaction (2016) [23] dan Irsyad al-Fatwa Series-100: Is Brain Considered as Dead?

In general, the opinion of the Mufti of Feral Territories Sahibus Samahah Dato’ Seri Dr Zulkifli Mhamad al-Bakri could be found in his book, Pemindahan dan Pendermaan Organ (Organ Transplant and Donation) published on 2012 by PSN Publications.

The Evidence of Prohibition [24]

The scholars that prohibit organ donation presented the following evidences as their arguments:

  • Allah SWT states:

وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ

“…and do not throw [yourselves] with your [own] hands into destruction.”

Surah al-Baqarah (195)

  • In truth, all parts of the human body are owned by Allah SWT, which was blessed to us. Thus, taking it and giving it to someone else is prohibited without His permission. [25]
  • The legal maxim of “ مَا أُبِينَ مِنْ حَيٍّ؛ فَهُوَ كَميْتَتِه” means, “Everything that is removed or separated from the living then it is considered as its carcass.”. Hence, any organs and body parts that are separated or cut off from the living, then it is considered as najis (impure). According to mazhab Syafie, the donation of najis is prohibited. [26]
  • It is the qiyas (analogical deduction) to the prohibition by Imam al-Nawawi regarding donating parts of one’s body to be eaten by others in exigent situations. [27]

The Evidence of Permissibility [28]

The following are the evidences that support the permissibility of organ donation:

  • Allah SWT states:

وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ

“And cooperate in righteousness and piety, but do not cooperate in sin and aggression.”

Surah al-Maidah (2)

  • If we apply the legal maxim of “ مَا أُبِينَ مِنْ حَيٍّ؛ فَهُوَ كَميْتَتِه” means, “Everything that is removed or separated from the living then it is considered as its carcass.”, then even if the organ is considered as najis, it is permissible to use it for life-saving treatments and the prayer is still valid according to the opinion of Imam al-Nawawi [29]. Furthermore, the majority of the jurists state that the children of Adam are pure while he is alive or dead. [30]
  • It is a form of cooperation and sacrifice in accordance with Allah SWT’s statements in Surah al-Maidah verse 2[31] and Surah al-Hasyr verse 9[32], for it is our sacrifice in helping the dying patients, which is a sunnah of our Prophet PBUH. [33]
  • Organ donation is qiyas (analogically deduced) to the sacrifice of life (jihad) for the sake of Allah SWT.

It is also ruled as permissible through the following Islamic legal maxims:

  • Matters are determined by intention (الأُمُوْرُ بِمَقَاصِدِهَا)

According to this maxim, every deed that we do is in accordance with the intention of why it is done. The intention of organ transplant is to save the life of a patient and avoid greater harm by choosing the lesser harm. Organ transplant is not performed for evil intentions such as to insult and hurt the dead, not for monetary gain, but only for the sake of saving lives.

  • Harm is put to an end ( الضَّرَرُ يُزَال [34])

Removing harm is a commandment in syarak. In the context of organ transplant, this is a treatment to protect the life of humans. The rewards of protecting life are stated by Allah SWT in the following verse:

وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا

“And whoever saves one - it is as if he had saved mankind entirely.”

Surah al-Maidah (32)

Organ transplant is the choice of lesser harm than greater harm. When two harms collide, then according to Islamic legal maxim, the lesser harm is chosen. In the context of organ transplant, the greater harm would be leaving the patient to die. This maxim prioritizes the life of human and removing of harm. The donated organ benefits the living and would only decay when buried.

  • Hardship Begets Facility (المَشَقَّةُ تَجْلِبُ التَّيْسِيْر)

Organ transplant is facilitation to overcome the difficulties and hardships for the end-stage organ failure patients. This is in accordance with the verse of the Quran; “Allah intends for you ease and does not intend for you hardship.” (Surah al-Baqarah:185)

According to syarak, there is an alleviation to those who are experiencing extreme hardships or in a harmful or desperate and exigent situation to choose a prohibited to remove the harm, on the condition that there is no other permissible choice for him. In this context, the last resort to save a patient is through an organ transplant.

Conclusion

After reviewing the issues and problems presented regarding organ and tissue donation, thus, it is permissible and encouraged.

Considering the development of medicine today, we are of the opinion that there is a need to expand the organs for organ donation such as kidney, heart, liver, lungs and pancreas. The tissues that are permissible to be donated are; cornea (eyes), bones, skin, and heart valve. However, it is prohibited to donate testis and uterus for it is closely related to lineage.

Likewise, with the advancement of technology, accordingly other alternatives for artificial organs or animal organs should be studied, for it is the better option than taking the right of another human. This is the best course of action to avoid the khilaf of scholars. This is what we suggested in the Series of Bayan Linnas “Organ Donation” in 2015. [35]

Alhamdulillah, The Proposal of the Revision and Improvement of Fatwa Regarding Organ and Tissue has been presented to the Fatwa committee of The National Council for Islamic Religious Affairs Malaysia’s Muzakarah and the meeting agreed with this proposal. We ourselves see the need to extend the concept of organ donation and tissue for the comfort of living of today’s society through organ donation.

Hopefully, statements such as this will increase the spirit of Malaysians especially Muslims in donating organs in an effort to protect the maslahat (interest) of the patient through the principle of ta’awun bi al-bir wa al-taqwa.

Lastly, we pray that Allah SWT will bless Malaysians and Muslims in general to live a healthy, peaceful, caring and loving lives. Amin.

End Notes:

[1] Iktisas are those who are experts and are knowledgeable in their specific fields. This is in accordance with Allah SWT’s statement:

فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ

‘So, ask the people of the message if you do not know.”

Surah al-Nahl (43)

The above verse means, ask the scholars of the Quraisy regarding the Torah and Bible, surely, they will tell you that all prophets are humans if you do not know. (See Sofwah al-Tafasir, 2/118)

Furthermore, there is an Islamic legal maxim that states:

الْعِبْرَة بِعُمُومِ اللَّفْظِ لا بِخُصُوصِ السَّبَبِ

“Consideration is taken from the generality of the language, not from the specificity of the reason.”

Consulting or asking the ikhtisas is a necessity in order to understand something clearly and correctly. Here, we state that it is a necessity to always refer or ask the experts of certain fields if we do not understand something. This is universal wisdom for everyone, for example, if a family member is sick, surely, he would consult the expert, which is a doctor. The same is applicable in religious matters, where we should consult with the experts, which are the scholars. (See al-Fatwa: Baina al-Indibat wa al-Tasayyub (translation) by Dr Yusuf al-Qaradhawi, pg. 45)

This is what we practise, whenever there is an issue that is not within our knowledge, we would consult with the experts of that particular field to get an explanation and answer, such as consulting with the medical experts, financial experts and others when deciding on certain rulings and fatwas. (See Metodologi Jawapan Hukum dan Fatwa Mufti Wilayah Persekutuan, pg. 54-57)

[2] Newspaper interview from al-Siyasah (Kuwait) on 15 Mei 1989.

[3] See the newspaper ‘Amman on 25th August 1989.

[4] See Naql wa Zira’ah al-A’dha’ al-Adamiah min Manzur Islami, pg. 16.

[5] See the keynote speech of the First International Seminar of Medicine in Kuwait on the year 1981 entitled Qawa’id wa Adab al-Tibb al-Islami, pg. 429.

[6] See Zar’ al-A’dha’wa Hukmuhu fi al-Syariah al-Islamiyyah, pg. 2.

[7] Refer to the decision made by the 8th al-Majma’ al-Fiqhi, Rabitah al-‘Alam al-Islami in Mecca, in 1408 Hijrah; Al-Majma’ al-Fiqh, Munazzamah al-Mu’tamar al-Islami in Jeddah in the year 1408 Hijrah; Hai’ah Kibar al-‘Ulama’ in Riyadh in the fatwa no-99, in the year 1402 Hijrah, Lajnah al-Ifta’, Majlis al-Islami al-A’la in Algeria in 1392 Hijrah. See al-Buhuth al-Islamiyyah Magazine 22 edition (1408 Hijrah).

[8] See Naql al-A’dha’ min Insan li Akhar in Jurnal al-Azhar, bil. 9, Ramadhan 1403H.

[9] See Syifa’ al-Tabarih wa al-Adawat fi Hukm al-Tasyrih wa Naql al-A’dha’.

[10] See al-Ahkam al-Syar’iyyah li al-A’mal al-Tibbiyyah, pg. 128.

[11] See newspaper article in al-Syarq al-Awsat, no. 3725, Wednesday (8 February 1989).

[12] See newspaper article in al-Syarq al-Awsat, no. 3725, Wednesday (8 February 1989).

[13] See Jurnal Dirasat, voll. 12, no. 3, Jamadil Akhir 1405H entitled Zar’ al-A’dha’ fi al-Syari’ah al-Islamiyyah.

[14] See Jurnal al-Risalah al-Islamiyyah, vol. 212, pg. 69.

 [15] The state of Perlis is the earliest state that discussed the issue regarding organ donation and transplant, specifically the corneal donation. The state of Perlis issued a fatwa on 6th November 1965, stating that corneal donation is permissible after they received consent from the donor before the donor died.

By doing this, the donor could continue to help the living, such as helping another patient with eye injury (damage) or defect to see. It is a great good deed with the intention of helping and benefiting the life of the recipient. This is an act of helping others, not as an insult or degrading or harming the deceased. It is a permissible act in Islam for its purpose is of greater benefit. (See
Fatwa Division, Perlis State Mufti Department. (2011). Organ donation: A virtue. Paperwork was presented during the Fatwa Education Seminar on Organ Donation Issues organized by Perlis State Mufti Department in collaboration with the Perlis State Health Department on 20 June 2011)

[16] The Sarawak State Fatwa decided on 23rd December 1996 and gazetted on 31st December 1996 focused on donation and kidney transplantation. The fatwa states that kidney donation to kidney patients are subjected to the following conditions:

The conditions if the donor is still alive:

  1. The donor must be willing and cannot be coerced.
  2. A medical expert confirms that it does not risk the donor’s health.
  3. There is no trade (buying and selling) in the organ transplant.

The conditions if the organ is taken from someone who has died:

  1. The deceased had expressed willingness when he was still alive, verbally or otherwise, to donate his kidneys to his heirs without any coercion.
  2. Medical experts have confirmed that the donated kidney is viable and can benefit patients in need.
  • Kidney transplant is solely for the purpose of treatment.
  1. The transplant is not a trade (buying and selling).

[17] The Selangor State Fatwa issued in 2000 is a comprehensive fatwa in Malaysia as it touches on the issue of general organ transplantation and brain death issues which is a prerequisite for organ donation from deceased donors. The State Fatwa states that:

  1. It is permissible to perform organ transplant from a deceased donor for it is a greater benefit to others.
  2. It is permissible to transplant an organ from a Muslim donor to a non-Muslim recipient.

For a donor who is alive, the fatwa is subjected to the following conditions:

  1. Comprehensive and professional medical research regarding the effects of organ transplant on both the donor and recipient (to identify the benefit and harms, and the percentage of success and failure of such procedure) should be conducted.
  2. It is done willingly without any coercion.
  • In exigent situation to save the life of the patient especially if they are related and family members.
  1. The transplant is a guaranteed success.
  2. The transplant is not a form of trade or sale that could lead to treacherous acts that would profit the middle man and give the opportunity to irresponsible doctors to profit in these situations.
  3. Must obtain written consent from the donor, and the donor has every right to rescind his consent at any time.
  • Although a part of the organ is donated, the organ is still functional for the donor to continue his life (such as two kidneys – one kidney is donated or a liver - where some of part of a liver is donated).

For a deceased donor, the fatwa is subjected to the following conditions:

  1. Comprehensive and professional medical research regarding the effects of organ transplant on both the donor and recipient (to identify the benefit and harms, and the percentage of success and failure of such procedure) should be conducted.
  2. The donor has stated his willingness through his will or verbally to his heirs, or authorization of the government.
  • The transplant is a guaranteed success.
  1. The transplant is performed with discipline, belief, knowledge and consciousness of Allah SWT observing to protect the dignity of the deceased according to syarak without any elements of degradation.
  2. In exigent situations to save the life of the patient especially if they are related and family members. The transplant is not a form of trade or sale that could lead to treacherous acts that would profit the middle man and give the opportunity to irresponsible doctors to profit in these situations.

Regarding the issue of brain death, Selangor State Fatwa asserted that brain death is determined by the following requirements:

  1. Medical examination and confirmation of brain death are done by a medical professional.
  2. It is encouraged to get the consent from the immediate family member (husband, wife, child, mother or father).
  • The determination of brain death is performed by at least three medical professionals (Muslim doctors are prioritized).
  1. If through the advancement of medical treatment, it can alter and restore the state of the function of the brain, then this fatwa is no longer applicable (abrogated). (See the minutes of the Selangor State Fatwa Meeting No. 4/2000 Fatwa on organ donation.)

[18] Another state fatwa covers a broad scope on the issue of organ transplantation was issued by the Fatwa State of Johor which was decided on 18th October 2001. This Fatwa asserted that transplants and donations of organs and tissues are prohibited in non-exigent situations and permissible in exigent situations based on a number of conditions:

If the donor is alive, the conditions of the permissibility of organ transplant and donation:

  1. A comprehensive medical examination is performed by at least two medical professionals where Muslim doctors are prioritized (in identifying the benefit and harm, and the percentage of success and failure of the transplant).
  2. The donor is willing without being coerced (and getting the consent of the heirs of the donor is encouraged)
  • The benefit of the transplant surgery is confirmed.
  1. It is a generally safe and successful transplant.
  2. In an exigent situation in order to save lives, especially if the patient is related or family members.
  3. The transplant is performed with discipline, knowledge, belief (iman) and consciousness of Allah SWT (taqwa).
  • The organ being transplanted is not a trade or sale for it could lead to treacherous acts that would profit the middle man and give the opportunity to irresponsible doctors to profit in these situations.
  • Written permission and consent from the donor and the donor has every right to withdraw his permission at any time.
  1. Although a part of the organ is donated, the organ is still functional for the donor to continue his life (such as two kidneys – one kidney is donated or a liver - where some of part of a liver is donated).

For a deceased donor, the conditions of the permissibility of organ donation and transplant:

  1. A comprehensive medical examination is performed by at least two medical professionals where Muslim doctors are prioritized (in identifying the benefit and harm, and the percentage of success and failure of the transplant).
  2. The donor has stated his willingness through his will or verbally to his heirs, or authorization of the government (if he has no heirs).
  • The transplant is a guaranteed success.
  1. The transplant is performed with discipline, belief, knowledge and consciousness of Allah SWT.
  2. Protect the honour and dignity of the deceased according to syarak without any elements of degradation.
  3. In exigent situations to save the life of the patient especially if they are related and family members.
  • The transplant is not a form of trade or sale that could lead to treacherous acts that would profit the middle man and give the opportunity to irresponsible doctors to profit in these situations.

Regarding the issue of brain death, The Johor State Fatwa decided that brain death is considered as dead. The conditions regarding the case of brain death are as follows:

  1. Medical examination and confirmation of brain death are done by a medical professional.
  2. It is encouraged to get the consent from the immediate family member (husband, wife, child, mother or father).
  • The determination of brain death is performed by at least three medical professionals (Muslim doctors are prioritized).
  1. If through the advancement of medical treatment, it can alter and restore the state of the function of the brain, then this fatwa is no longer applicable (abrogated). (See Department of Mufti Johor (2010) Fatwa of Transplant Organ and Brain Death. Johor Bahru: State Mufti Department Johor)

[19] The Penang State Fatwa Committee met on 30 December 2009 and issued a comprehensive fatwa on organ transplantation and donation. The fatwa was gazetted on 9 December 2010 and states that the ruling for an organ transplant is permissible under certain conditions.

For donors who are alive, the conditions are:

  1. A comprehensive medical examination is performed by medical experts regarding the guarantee of safety for the donor to continue to live, and the donor is given full information and advice regarding the risks and percentages of success and failure of the transplant.
  2. The organ transplant is performed without any coercion from any parties.
  • The transplant is the last hope in an exigent situation where it is a necessity in order to save someone’s life, especially if the patient is a relation or family members.
  1. Obtain written consent from the donor and the donor can retract it at any time.
  2. The organ or tissue transplant will not harm the donor; only organs and tissues that can still function after a part of it is donated is permissible to be donated.
  3. The organ or tissues is not a trade or sale.

For a deceased donor, the conditions are:

  1. The death is unplanned or an arrangement for profit.
  2. It must be confirmed that the donor is dead.
  • It is performed with the willingness, permission and consent of the donor himself through his will and agreement of his wali and witnessed by two witnesses.
  1. Ensure that there is no abuse towards the deceased.
  2. Medical experts confirmed the viability of the organ and tissues for the benefit of the patient.
  3. The transplant is generally successful.
  • The transplant must be performed with discipline, knowledge, belief (iman), and consciousness of Allah (taqwa) (if the doctor is a Muslim), maintaining the honour and dignity of the deceased without any elements of degradation.
  • The deceased is managed for burial and funeral.
  1. If the donor is a child (has not reached puberty) or incompetent (mentally unstable), then the permission of the wali should be obtained.
  2. Organ transplant is the last resort in an exigent situation and a necessity to save lives especially if the patient is a relative or family member.
  3. Supplication is made for the deceased (if the donor is a Muslim).
  • The donated organs are not traded.

The Penang State Fatwa also emphasizes the following:

  • The recipient of the donation should use it for good.
  • The ruling of organ transplant from a non-Muslim to a Muslim and vice versa is permissible.
  • It is prohibited to donate organs and tissues to a non-Muslim who are the enemy of Muslims (kafir harbi).

[20] http://www.muftiwp.gov.my/ms/artikel/bayan-linnas/1816-pendermaan-organ?highlight=WyJvcmdhbiJd

[21]http://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1034-al-kafi-li-al-fatawi-ke-528-hukum-menerima-darah-dan-organ-daripada-non-muslim?highlight=WyJvcmdhbiJd

[22] http://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1713-hukum-pemindahan-dan-pendermaan-darah-silang-agama?highlight=WyJvcmdhbiJd

[23] http://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1401-al-kafi-480-mati-otak-namun-masih-terdapat-tindakan-refleks

[24] The full discussion regarding the evidence of the prohibition from al-Qur’an, al-Sunnah, Islamic legal maxim, logic, thought and scholars’ opinion can be referred, in the book Ahkam al-Jirahah al-Tibbiyyah, pg. 357-370 and Qadhaya Fiqhiyyah fi Naql al-A’dha’ al-Basyariyyah, pg. 18-23.

[25] See Naql wa Zira’ah al-A’dha’ al-Adamiah min Manzur Islami, pg. 145.

[26] See Mughni al-Muhtaj, 2/400.

[27] See al-Majmu’, 9/41.

[28] The full discussion regarding the evidence of the prohibition from al-Qur’an, al-Sunnah, Islamic legal maxim, logic, thought and scholars’ opinion can be referred, in the book Ahkam al-Jirahah al-Tibbiyyah, pg. 371-391 and Qadhaya Fiqhiyyah fi Naql al-A’dha’ al-Basyariyyah, pg. 23-25.

[29] See al-Majmu’, 3/145.

[30] See al-Majmu’, 2/57.

[31] Allah SWT states:

وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ

“And cooperate in righteousness and piety, but do not cooperate in sin and aggression.”

Surah al-Maidah (2)

[32] Allah SWT states:

وَيُؤْثِرُونَ عَلَى أَنْفُسِهِمْ وَلَوْ كَانَ بِهِمْ خَصَاصَةٌ

“…even though they are in privation.”

Surah al-Hasyr (9)

[33] See al-Muwafaqat, 2/377.

[34] See al-Asybah wa al-Nazair, (pg.83).

[35] See http://muftiwp.gov.my/ms/artikel/bayan-linnas/1816-pendermaan-organ


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