I am thinking about signing up to donate my organs at the time of my death. Is this permitted under Sharī‘a?
Yes, organ donation is permitted and encouraged by Muslim scholars. In fact, organ donation is legal in the majority of Muslim countries, including Saudi Arabia, Turkey, and Iran, to name a few.
In March 2019, the Fiqh Council of North America issued a fatwa that permits and encourages Muslim Americans to sign up as organ donors. The majority of Muslim scholars today permit organ donation after death, as long as the donation is made to save the life of the recipient and the donor had given consent.
The scholars who permit organ donation rely on the overarching Islamic principles of rahmah: mercy, compassion, and caring for one another. They also rely on the Islamic principle of public interest and advancing public health to permit the donation of organs. Most scholars believe such a donation is a sadaqah jariyah—a continuous good deed—that God will reward. They further maintain that saving a life is a necessity and, as such, it constitutes further authority to support the permissibility of organ donation.
Some Muslim scholars permit the donation of internal organs, but not limbs because limb donation is considered mutilation of the body. The scholars that permit organ donation upon death say under these circumstances, organ donation does not mutilate the body, since removing an organ from a dead person is the same as a surgery performed on a living person, with precision and respect to the sanctity of the body. A minority of Muslim scholars prohibit organ donation all together.
Allah knows best.
Use our HEALTH CARE DIRECTIVE software to outline your preferences regarding Sharī‘a-compliant organ donation.
I am an American Muslim. Does the Sharī‘a require me to have a will?
[embed]https://www.youtube.com/watch?v=ZyzVXkddFsg[/embed] Many Muslim scholars living in the United States suggest that American Muslims are obligated to have an Islamic will, because without one, the estate will be divided according to non-Islamic laws. If you leave a surviving spouse and you did not leave a will, your parents, for example, would not inherit, under many state intestacy laws. According to Sharī‘a, a will that leaves a bequest is either obligatory, recommended, disliked, or prohibited, depending on the circumstances. The obligatory bequest is one you must make. An example of this is when you owe someone a debt, but no one knows about this debt except you and the creditor. In this case, you must include the debt in your will. Another example is if you are wealthy and have poor relatives that are not eligible Sharī‘a heirs; you are obligated to leave them something. The recommended bequest is one you should strongly consider. For example, if your Islamic heirs and relatives are wealthy and not in need, leaving part of your estate for charity is recommended. The disliked bequest is not recommended. For example, if your estate is not large, your Islamic heirs and relatives are poor, and you leave part of your small estate to non-Islamic heirs, the scholars concluded such a bequest is disliked, because it will create hardship for your family. The prohibited bequest is not allowed under Sharī‘a. For example, it is prohibited to leave more than 1/3 of your estate to non-Islamic heirs or to give an Islamic heir more than his or her share as stated in the Qur’an. This is based on the famous Hadith of the Prophet that says “there shall be no bequest to an Islamic heir.” Unlike the Sunni opinion, the Ja‘fari (Shia) school permits a bequest to an Islamic heir as long as it does not exceed 1/3 of the estate. To summarize, if you want your estate to be distributed according to the Sharī‘a, you must have an Islamic will. Use our ISLAMIC WILL software to prepare your own customized Islamic estate plan that is legally valid for your state.Read More
What does the Qur’an say about wills? Does the Sunna mention wills?
[embed]https://www.youtube.com/watch?v=ZyzVXkddFsg[/embed] Yes, the Qur’an and the Sunna both cover wills. In the Qur’an, Allah directed Muslims to make a will: “It has been ordained upon you, when death is near one of you, leaving wealth behind, to make a will in favor of parents and close relatives, impartially. This is incumbent upon the pious” (2:180). Allah also says: “When death draws near one of you... it is time to make a bequest” (5:106). God also explained that you must deduct any bequests and debts from your gross estate before distribution to Islamic heirs (Qur’an 4:11). The Sunna has many traditions about wills. The collections of Hadith, including Ṣaḥīḥ Muslim and Ṣaḥīḥ al-Bukhāri, report that the Prophet Muhammed (PBUH) said: “It is not permissible for any Muslim who has something to will to stay for two nights without having his Last Will and Testament written and kept ready with him.” Check our other frequently asked questions below for more information about specific Sharī‘a inheritance rules and answers to numerous real-life Sharī‘a inheritance questions. You can also use our software to check how your estate will be distributed to your heirs or customize your own Islamic estate plan that is legally valid for your state.Read More