The Rules of Transplanting Organs and Postmortems
- :Ayatullh Makarim Shirazi
· Issue 993: It is permissible to transplant the heart, kidneys and other organs, whether they be organs transplanted from a living person or deceased, whether the deceased be a Muslim or non-Muslim. However, it is not permissible to extract the organ from the body of a deceased Muslim and transplant it in the body of another person, except when the life of a Muslim depends upon it or there was another need. In every situation, if the organs of a deceased Muslim are extracted, there is blood money (Diyah). Its payment is obligatory according to what is established in the detailed books of jurisprudence.
· Issue 994: When the deceased gave permission in the state of his life that his organs should be put at the disposal of others for transplant into their bodies or his guardians give permission after his death for that, the ruling of blood money and the remaining rulings are not changed. The precaution is to pay blood money in every situation.
· Issue 995: It is only permissible to extract the organ of living people and implant it in other people as is usual and known in kidney transplants where one of the kidneys of a living individual are extracted and transplanted in the body of one whose both kidneys are damaged, when its owner consents and it does not expose his life to danger. The precaution, when taking a sum in exchange for that (organ), it to put the (payment) as exchange for his permission for this action, meaning, taking his organ from him, not in exchange for the organ itself.
· Issue 996: The injection of human blood in the body of another human for treatment is permitted or for surgical activities or to save the life of a person, whether it be the blood of a Muslim or non-Muslim, a man or woman. There is no objection in selling and buying blood for this purpose.
· Issue 997: When an organ is separated from man, be he dead or alive, and transplanted in the body of another such that it becomes part of the body of the second person, it is not impure (Najis) nor part of a corpse (Maitah) in this situation. As such, there is no objection in prayer with it.
· Issue 998: It is permitted to dissect (as in a postmortem or autopsy) the body of the deceased Muslim for medical purposes with a number of conditions, they are:
1) That the purpose is education and to supplement known medical facts in order to save the lives of Muslims and that is such that it cannot be achieved except by a postmortem.
2) That the dead body of a non-Muslim is not available.
3) That (doctors) are content with the necessary extent (for their purposes). Therefore, whatever is in excess of that is not permitted.
Then, a postmortem with these conditions is permissible, rather, obligatory, at times. These conditions, however, are not conditional for the dead body of a non-Muslim.
· Issue 999: Touching the bodies which are submitted for postmortems, when the deceased was a Muslim and had already been given the baths of the deceased (Ghuslul-Amwaat), does not necessitate the Ghusl for touching the dead body (Ghusl Massil-Mayyit). In other than this situation, the Ghusl for touching the dead body is obligatory when one intends to pray or whatever has purity (Tahaarah) conditional in it. When (performing the Ghusl) brings about difficulty and distress, it is permitted to make Tayammum as a substitute for Ghusl.
When the postmortem is on bones only, not flesh or on detached flesh, like the heart, veins and brain and whatever is similar to that, then, there is no Ghusl. The best, if one is able, is to wear gloves, then, in this situation, there is never a Ghusl (obligatory) for the one touching.
· Issue 1000: There is no blood money in the instances in which it is legally permissible to do a postmortem on the body of man.
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