Organ donation AFTER you die - allowed or not?

[LightUponLight-]

Assalamun'alaykum,

I have read the extensive replies on organ donation (esp Mufti Adam's) but it appears they talk about the issue whilst you are alive.

What is the ruling on donating your organs after you die? Can you do that? Mufti Desai's answer is "The bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah." Is this the only opinion? Can we sign up to the organ donor register in the UK so that our organs are automatically taken at the time of death?

From what I have read, we cannot donate organs when we die, but we can take from other dead people in dire necessity whilst we are alive.

Any clarification would be much appreciated.

JazakhAllah

[umar_italy]

:salam:

As far as I know (and I know VERY LITTLE in this field), the organ expiantation take place while the heart is still beating: there is a difference between "cerebral death" (with earth still beating) and "death-death".

[bugmenot]

:ws:

The Indo-pak hanafi scholars do not allow it (jadid fiqhi masa'il).

Whereas the Islamic Fiqh Council (Majma’ al-Fiqh al-Islami) says:

It is permitted to transplant an organ from a dead person to a living person whose life depends on receiving that organ, or whose vital functions are otherwise impaired, on the condition that permission is given either by the person before his death or by his heirs, or by the leader of the Muslims in cases where the dead person’s identity is unknown or he has no heirs.

Care should be taken to ensure that there is proper agreement to the transplant of organs in the cases described above, on the condition that no buying or selling of organs is involved. It is not permitted to trade in human organs under any circumstances. But the question of whether the beneficiary may spend money to obtain an organ he needs, or to show his appreciation, is a matter which is still under scholarly debate.

(Entire fatwa on Islam-qa Ref #2117)

[LightUponLight-]

:salam:

As far as I know (and I know VERY LITTLE in this field), the organ expiantation take place while the heart is still beating: there is a difference between "cerebral death" (with earth still beating) and "death-death".

Wa'alaykum salam,

You are right and it is talked about very briefly here: Organ donation after cardiac death http://surgery.about.com/od/proceduresaz/ss/OrganDonation_2.htm

However, my question will be - the opinions which allow organ transplantation talk about non-vital organs etc when you are alive, but what about the heart or liver or lungs after cardiac death? Is this allowed? Is there any legitimate opinion allowing this?

[LightUponLight-]

JazakhAllah 'bugmenot' for that answer. That clarifies it for me. It is actually from Mufti Adam's fatwa article and it is clear I did not understand it the first time round!