Is it permissible, and would a will be valid, regarding the donation of body organs after death to benefit…
Is it permissible, and would a will be valid, regarding the donation of body organs after death to benefit patients in need of organs that may save or improve their lives? Does it make a difference whether the donor or recipient is Muslim or non-Muslim?
Answer
In the name of Allah, be advised, my son, that once a person dies, their body no longer belongs to them. Therefore, a living person’s consent to donate their organs after death has no legal value, nor is it permissible to include a bequest to donate organs to someone. Authority over the deceased’s body belongs solely to the Imam (may Allah hasten his reappearance), and to the marjaʿ during his occultation. The consent of the deceased's heirs has no legal value in this matter. As for organ donation after death: • If the deceased is not Muslim, then organ donation from them is permissible. • If the deceased is Muslim, then it is not permissible, unless it is required to save a Shi'a Muslim from certain death or something akin to death. In such cases, the blood money (diyah) for the removal of the organ must be paid to the Imam (may Allah hasten his reappearance), not to the heirs of the deceased. Allah knows best.
Source:alnajafy.com · alnajafy.com
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