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Organ Transplants

Question

What is the ruling concerning organ transplant according hanafi. Any different opinions in hanafi mazhub. 

In this matter if the principal

 *Necessity permit the prohibited*

*Difficulties bring easiness*

The islamic fiqh academy and some contemporary ulama Ruling its permissible. Other then Hanafi mazhub what is the verdict of the 3 mazhub.

Answer

Within the contemporary Ulama who follow the Hanafi Madhab, there exists a difference of opinion on whether organ transplantation is permissible or not.

According to our Darul Ifta, to utilise any organ from another human being, whether it is acquired from him whilst he is alive or after his death, is not permissible. The principles you have mentioned do not apply in every case. There are many situations where even if there is a dire need, a person still will not be allowed to carry out a Haraam action, an example of such is that if a person in dire necessity is told by another, that cut my hand and eat it, it will not be permissible because the flesh of a human being may not be consumed under any situation even though it may be a stringent necessity. Likewise, a person in necessity may not eat the flesh of another nor any part of his own body.

Regarding the rulings of the other three Madhaahib on organ transplantation, you will have to enquire from the scholars of those Madhaahib

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

مضطر لم يجد ميتة وخاف اهلال ك فقال له رجل اقطع يدي وكلها أو قال اقطع مني قطعة وكلها لا يسعه أن يفعل ذلك، ولا يصح أمره به كما لا يسع للمضطر أن يقطع قطعة من
نفسه فيأكل، كذا في فتاوى قاضي خان.(الفتاوی اهلندية ج٥ ص ٣٣٨)

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