General Conditions to permit organ transplantation
The benefit to recipient weighs the potential harm to the donor
The life, or a basic life function of the donor doesn’t depend on donated organ
The donated organ is renewable or its function is naturally compensated
Organ sale is NOT permissible
Islamic Jurisprudence Council Conference, 1987
Conditions associated with a living donor:
done on his/her own free will
never be the outcome of compulsion, family embarrassment, or financial need
The organ must not be a vital organ
No transplantation of sexual organs is allowed.
Conditions associated with a dead donor:
death have been accurately diagnosed
Organ donation from a deceased person should only be permitted by the close family members (heirs), or by the authorities if the dead is unidentifiable homeless, or of absolutely no heirs
It must be done after having ascertained the free consent of the donor prior to his /her death. It can be through a will to that effect, or signing the donor card, etc.
In a case where organ donation consent was not given prior to a donor’s death, the consent may be granted by the deceased’s closest relatives who are in a position to make such decisions on his/her behalf.
Conditions associated with a dead donor… cont.
It must be an organ or tissue that is medically determined to be able to save the life or maintain the quality of life of another human being
The organ must be removed only from the deceased person after the death has been ascertained through reliable medical procedures
Organs can also be harvested from the deceased with unidentifiable identities, but it must be done only following the valid decree of the authorities
(source: http://www.islamonline.net/ )
what does The Islamic code of Medical Ethics say?
The individual patient is the collective responsibility of society, that has to ensure his health needs by any means inflicting no harm on others
This comprises the donation of body fluids or organs such as blood transfusion to the bleeding or a kidney transplant to the patient with bilateral irreparable renal damage
Markets of human organs are proscribed by key Fatwas (legal rulings)
More liberal point of view
The principles affecting distribution
Distributive justice (Equity)
In Islam: bioethical decision-making is carried out within a framework of values derived from revelation and tradition
Challenges facing transplantation
Ethical and legal challenges for transplantation:
Declaration of death (dead transplantation)
Consent to donation
Uncertainty in determination of death:
When should a person be treated as dead?
Who should decide what concept of death is to be used?
Challenges facing transplantation… cont’d
Teams specialized for recruitment of organs
No clear law
No organized program of dead transplantation
An 18-year-old Muslim man sustains severe head injuries in a traffic accident while riding his motorcycle.
He is declared brain dead
The transplant coordinator approaches the grieving mother to obtain consent for organ donation
At first the patient’s mother is shocked at this approach
She then politely says that she would like to wait for her family to arrive before making a decision
Mutilation, and thus cremation, is strictly prohibited in Islam.
Cadaveric organ donation is permitted
Death is considered to have occurred when the soul has left the body ( lay people )
Responsibility of declaration of death ( physician )
One of the Muslim requirement is to bury the body on the same day