The bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah.
A. Human Organ: An Amanah
As discussed in chapter ix, there are Muslim jurists who regard the human
body (including its parts) as an amaanah (trust). Therefore, since a human
being does not own his body, he/she cannot make a gift in respect of any
part of his/her body either during his/her lifetime or after death. Thus to
include organ donation in one’s will would not be in order since one cannot
give away that which one does not legally own.
B. Human Organ: Invaluable
The testator’s estate is termed in Arabic as mal mutaqawwam (asset upon
which a price can be set for it). Muslim jurists are of the opinion that a
human being’s person (organs included) is mal ghayr mutaqawwam (invaluable
i.e. no price can be set for it). (Tanzil-ur-Rahmaan. A Code of Muslim
Personal Law. North Nazimabad, Karachi. Islamic Publishers. 1980, vol. 2 p.
330). Thus it logically follows that since no price can be set for human
organ, the inclusion of its donation into one’s will would be regarded as
null and void.
*From the book, ‘Organ Transplantation - Contemporary Islamic Legal and
Thical Perspectives’, Abul Fadl Mohsin Ebrahim.
*
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai