Abstract

Organ Donation and Transplantation is an issue that has widespread ramifications. In addition to the medical/ technical aspects, there are legal, moral, ethical, economic, logistical and humanitarian aspects. Each of these aspects may have some peculiarity related to the donor and recipient. This paper deals primarily with the moral, ethical and humanitarian aspects of the issue. From the viewpoint of Islam, organ transplantation is an acceptable therapeutic value provided the following criteria are fulfilled: 1. There is no other equally effective therapeutic solution available that is simpler, safer and/or more cost effective. 2. The organ donation does not result in any harm to the donor 3. The organ donation is done with the free will and full approval of the donor, or in the case of an unconscious donor, or an organ donation taken from a cadaver, the approval of the next of kin or legal guardian. 4. In the case of the donation of a single organ upon which the life of the donor depends, e.g., the heart or liver, the organ may not be removed from the donor until the donor’s brain stem death is ascertained. 5. The donated organ is a gift and is not sold. 6. If the transaction results in material or monetary gain to the donor or to the donor’s family, the gain must not be in the form of price, but the donor or his/her family may accept a gift as a token of appreciation since the donated organ is considered a gift to the recipient. 7. The transplantation of active reproductive organs is categorically forbidden. 8. The basic rule governing the entire transaction is that organ transplantation is considered a humanitarian act of mercy accomplished with the free will and approval of all parties involved under no pressure, coercion or injustice.

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