Donating A Kidney

The Ulema have written that the human being is not the actual owner of any of his organs or body parts which affords him the opportunity to deal with his body as he wishes. Therefore, it is not permissible for him to sell his organs to another human being nor is it permissible to donate them (free of charge). There are many examples recorded in the books of jurisprudence from which this Mas’ala/ruling can be understood.

It is mentioned in Fataawa Qaadhi Khan about a person that is suffering from starvation as a result of which he fears that he will lose his life. He is unable to find even a dead animal which can be eaten in order to save his life. At such a time, another human being proposes to him that he many cut off his hand and consume it to save his life, or he may remove a piece of flesh from any portion of his body. With regard to this, the Fuqaha have written that it is not permissible to cut the hand of this person, nor is it permissible to remove flesh from his body, nor is it permissible for any person make an offer or proposal in the above manner.

This is the very reason for which Islam has prohibited suicide. The human being does not own his soul thus he is not at liberty to take his life. Based on this, it is not permissible to remove the organ of one human and transplant it into the body of another.
The Fuqaha have mentioned a principle which states,

A harm cannot be removed (at the expense of) another harm

Fataawa Alamghiri states that it is not permissible to take and utilize any part of another human’s body. The reason for impermissibility is either impurity (that exists) in the various parts of the human body or honour that is afforded to the human body. However the correct view with regard to the basis of this impermissibility is the honour afforded and accorded to it by Allah Ta’aala. This is proven from the Quraan Sharif as Allah Ta’aala states,

A harm cannot be removed (at the expense of) another harm

It is recorded in a Hadith of Rasulullah Sallallahu Alayhi Wa Sallam that a woman that indulges in the occupation of joining human hair to the hair of other humans (so that the length of her hair increases), or the woman that has the hair of others joined to her own hair is cursed. Allama Shaami Rahimahullah has written that joining of hair (to increase the length of one’s hair) is Haraam whether one uses the hair of other women or any other human hair, due to the above mentioned Hadith. (This proves clearly that using the hair and parts of another human being is not permitted).

Based on these factors we conclude that all form of organ donations is impermissible. However, an objection may arise here, that there is a possibility that the patient will benefit from such a donation. Notwithstanding that, based on the principle which states, “the sin outweighs the benefit”, it will be impermissible. Another factor is that there is humiliation of the human being by approving such organ donations, in the sense that human organs will eventually become a commodity of sale on the market. Also, there is a possibility of the health of the donor deteriorating due to such a donation and eventually a fear of losing his life, whilst there is no guarantee that the patient that received the organ will be cured with certainty. There are cases where people lost their lives even after the organ transplant thus the view of our Darul-Ifta is that organ donations are impermissible.