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Kidney Transplantation for Money

Name
Title Kidney Transplantation for Money
Question Dear Scholar, Assalamu alaykum If one has to do a kidney transplant operation and if he cannot find a donor then is it possible to get one for money ? There are muslims as well as non muslims in our country who willingly give their kidney for money due to their financial difficulties What does Islam say about this ?
Date 9/26/2004
Mufti Group of Muftis

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

Responding to the question, the eminent Muslim scholar, Sheikh `Abdel Khaliq Hasan Ash-Shareef, the renowned Da`iyah, states the following:

“Originally, organ donation should be done solely for Allah’s sake as man is not a possessor of his body organs. However, in case there is no way out before the person in need or an organ to save his life but to resort to buying the organ to save his life, then there is nothing wrong in resorting to that as necessity in this case knows no laws.”

Discussing the issue of organ donation in detail, we would like to cite for you the following fatwa issued by Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, in which he states the following:

“Organ donation is permitted in Islam if it is done within the permissible limits prescribed by the Shari`ah.

The following are the conditions scholars have stipulated for donation:

Conditions associated with a living donor:

1. He/she must be a person who is in full possession of his/her faculties so that he/she is able to make a sound decision by himself/herself;

2. He/she must be an adult and, preferably, at least twenty-one years old;

3. It should be done on his/her own free will without any external pressure exerted on him/ her;

4. The organ he/she is donating must not be a vital organ on which his/her survival or sound health is dependent upon;

5. No transplantation of sexual organs is allowed.

Conditions associated with deceased donors:

1. It must be done after having ascertained the free consent of the donor prior to his /her death. It can be through a will to that effect, or signing the donor card, etc.

2. In a case where organ donation consent was not given prior to a donor’s death, the consent may be granted by the deceased’s closest relatives who are in a position to make such decisions on his/her behalf.

3. It must be an organ or tissue that is medically determined to be able to save the life or maintain the quality of life of another human being.

4. The organ must be removed only from the deceased person after the death has been ascertained through reliable medical procedures.

5. Organs can also be harvested from the victims of traffic accidents if their identities are unknown, but it must be done only following the valid decree of a judge.”

Source:islamonline.net

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