A New Approach on Expediency in the Organ’s Dealing and Transplantation of Human Body Organs from the Perspective of Islamic Sources

One of the emerging issues in medical science is organ transplantation. One of the important types of organ transplantation is transplantation from the living person to another. The aim of this study was to investigate the expediency and legitimacy of the organ’s dealing and transplantation from the perspective of the Qur'an and hadith.

Certainly, no jurist permits organ transplantation if it exposes the donor to destruction however, the donor is satisfied and organ transplantation is also essential for preserve the life of the receptor. Many jurists have permitted the transplantation either based on verbal reasons and the first sentence or the rule of contention and the second sentence. Assuming the license issuance, jurists disagree which the contract of sale can be used for organ transplantation, but according to a valid fatwa that permits the sale of the dead, it is also possible to issue the accuracy of the organs sale contract and transfer of organs to another. Because custom refers to the ownership right for the amputated member and there is no irreparable problem in the credit of ownership right of human body organs. Assuming that there is any doubt in ownership of the member or the ownership of the person towards the amputated member, transfer of priority or allocation rights in the form of peace or article 10 of the civil code can be effective. Free or exchange permission is another template, which regardless of the issue of ownership transfer or the allocation right, receiving a member from another person and paing for it makes it justified.