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Organ Donation / Brain death and Donation of an Organ

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Question 404: What is the ruling on organ donation after death?

Answer 404: According to Sayyid Sistani (ha), it is not permissible, as a measure of precaution, to cut an organ of a dead Muslim if he bequeathed, unless a Muslim’s life is in danger.[1]

The grand maraja’ opinions regarding donating or removing the organ of a patient who suffers from brain death are as follows:

Ayatollah Khamenei: Generally speaking, if a patient suffers from irreversible brain damage which results in the disappearance of all kinds of neurological activities associated with deep coma plus inability to respire and response to all motor sensory stimulations and volitional move and if the removal of the organs from the patient described in the question would precipitate his death, it is not permissible. Otherwise, if the removal of such organs is made with his prior permission, or the use of the removed organ is the only way to save a respectful life, there is no objection to it.[2]

Ayatollah Sistani: There is some detail in this matter. If the removal of the particular part or organ would inflect serious harm [on the donor], as in the case of removing an eye or amputating a hand or a foot, it is not permissible. Otherwise, it is permissible, as in the case of skin graft and bone marrow or one kidney, in case the other kidney is healthy assuming that its owner is consenting to it. That is only when the donor is not a child or an insane person. If it were permissible, taking money for it would have also been permissible. It is not permissible to remove any organ from a dead body of a Muslim, such as an eye or the like to transplant it in another’s live body. If such an act was carried out the person who did it must bear the responsibility of paying compensation. It is necessary to bury the severed organ. However, it is not obligatory to remove it after it has been transplanted where the spirit has entered it.

If a patient has died neurologically while his heart and liver are still functioning with the help of a medical apparatus, he is not considered to be dead. Therefore, it is not at all permissible to remove his organs and transplant them to another needy patient.  If the doctor pulls out the plug and the Muslim patient dies because of it, he will be considered killer. There is a problem in enforcing the will [of the deceased] and in allowing the removal of the organ.

Sayyid Sistani (ha) also says: It is permissible to donate our organ upon our death, but it is not permissible, as a measure of precaution, to cut an organ of a dead Muslim if he bequeathed, unless a Muslim’s life is in danger.

Note: An organ extracted from the body is ritually impure (najis) irrespective of whether it came from a Muslim or a non-Muslim. And when it becomes, by rejuvenation, part of a Muslim’s body or of someone who is considered a Muslim, it becomes tãhir.[3]

Ayatollah Makarem Shirazi: If brain death is certain and definite and the person is pronounced to be like a dead body (although some of the rules like Ghusl, prayer, shrouding and Ghusl of a dead body do not apply to him), there is no problem in removing his organ to save the life of a Muslim.

Whenever brain death is completely certain and the patient is never likely to reverse to normal life, there is no problem in removing some of his organs (like heart or kidney or other organs) to save the life of a Muslim irrespective of whether he has made a will in this regard or not but it is better to get the consent of the dead body’s guardian.

Ayatollah Saafi Golpaygani:  According to me, it is not permissible to remove the organ of a Muslim who has not died yet, though it is certain that his brain is dead.

[1] . The official website of the office of Sayyid Sistani (ha), rules concerning Organ Donation.

[2] . For further information, please refer to: the official website of the office of the Supreme Leader, rules regarding Organ Donation.

[3] . The official website of the office of Sayyid Sistani (ha), rules concerning Organ Donation.

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Offering prayer for the dead over one’s body who committed suicide

by Posted in All Q&A, Islamic Laws, Rules Concerning the Dead, Suicide Tagged , , , , , , ,

Question 597: Salaamun Alaykum, Is offering prayer for the dead over one’s body who committed suicide permissible? What about reciting Surah Al Fatiha or Namaz e Wahshat for a those who committed suicide?

Answer 597: It is obligatory to offer prayer for every Muslim (dead person), even if he belongs to the opposite (non-Shiah) sect. However, if he is an infidel of any category whatsoever, even if he is an apostate, or one who is declared a non-Muslim even if he unduly assumes the title of Islam like Nawasib (openly hostile to Ahl-i Bayt) or Khawãrij (.i.e, those who oppose Imam Ali), it is not permissible to offer prayers on their dead[1]. Read More

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Praying for non-Muslim Parents

by Posted in All Q&A, Ethics and Mysticism Tagged , , , , , , , , ,

Question 516: Can I as a Shia Muslim pray for my dead parent who is a non-Muslim? They were Ahl al-Kitab. If so, can you provide sources and scholarly opinions? Thank you.

Answer 516: We have already sent a similar question to the office of grand maraja’, whether it is permissible to solace to non-Muslims who have passed away and send salawat, recite surah al-Fatiha and pray for them?

Our maraja’ have different opinions about it. Some say, it is permissible if they have not fought Muslims on the account of Religion and have not driven us out of our Homeland. Others say, it is permissible to solace, though asking Allah, the Almighty for His forgiveness and pray for them is not permissible.

Ayatollah Khameneni: There is no problem in it per se if they have not fought Muslims on the account of Religion.

Ayatollah Sistani: It is impermissible to ask Allah, the Almighty for their forgiveness and pray for them.

Ayatollah Safi Golpayegani: Sending Salawat and praying to Allah (SWT) to forgive them are not permissible[1].

According to the verses of the Holy Quran, if those non-Muslim who have not fought Muslims on the account of Religion and have not driven us out of our Homeland, Allah (SWT), the Almighty does not forbid us from doing good and regarding justice to them. Therefore, we can visit their graves and ask Allah, the Almighty for His forgiveness and pray for them. However, Allah (SWT) forbids us only from having Friendship with those who fought us on the account of Religion and Drove us out of our homeland; and helped one another in driving us out; We are forbidden to have friendly Relation with them; and whoever among us does so, then he is regarded as One of the disbelievers. Because, in the Holy Quran Allah (SWT) says: “The Prophet and the faithful may not plead for the forgiveness of the polytheists, even if they should be [their] relatives, after it has become clear to them that they will be the inmates of hell”.[2]

It should be noted that the loss of a family member is a difficult challenge to overcome. However, one can overcome this situation by doing the following points:

A: Having patience: Patience is mans’ greatest friend in life.[3] Patience in the face of calamities is one type of patience.[4] The ahadith speak of a great reward for patience in such situations. To pay attention to its results and rewards which are mentioned in the Quran and ahadith is one of the ways to overcome a loss. We will mention some of these Quranic verses and ahadith below:

1- In the Quran, God says: “Peace be to you, for your patience.” How excellent is the reward of the [ultimate] abode!”[5] “We will surely test you with a measure of fear and hunger and a loss of wealth, lives, and fruits; and give good news to the patient. Those who, when an affliction visits them, say,” Indeed we belong to Allah, and to Him do we indeed return. It is they who receive the blessings of their Lord and [His] mercy, and it is they who are the [rightly] guided”[6]

2- Imam Ali says “Having patience when calamities strike stems from one’s wisdom.”[7]

“Amongst the treasures of belief is having patience when calamities befall one.”[8] “Having patience at the time of catastrophes elevates one to lofty spiritual levels.”[9]

B: We must understand that death will take place for all of us: “Every soul shall taste death. Then you shall be brought back to us.”[10] Because all creatures are manifestations of Go Godl’s existence and attributes and they have come from him, they will all go back to him “Indeed we belong to Allah, and to Him do we indeed return.”[11]

One of the results of having belief in God is that when catastrophes strike, a believer reminds himself of the above mentioned verse. The better and deeper one understands the truth mentioned in the verse, the easier he will be able to overcome such issues.

C: The ahadith have mentioned certain acts to be carried out for the dead. Some of them are wajib and some are mustahab. We will mention some examples of these ahadith below:

First: Paying charity; A man from the tribe of Bani Saedah came to the Prophet after his mother passed away and said: “My mother passed away during my absence. If I pay charity on behalf of her, will her soul be rewarded?” The Prophet replied: “Yes.”[12]

Second: Reciting Quran; The Prophet stated: “Whoever passes by a graveyard and recites surah Ikhlas eleven times and sends the reward for the dead, he will be rewarded by the number of people that are buried there.”[13]

Third: Doing good deeds; Imam Sadiq said: “The reward of charity, supplicating and good deeds will reach the dead as well as the one who carried them out.”[14] “Whenever a Muslim does good deeds on behalf of the dead, God will multiply his reward and also give the dead the reward of the good deed.”[15]

Fourth: Performing Wahshat prayer; It is mustahab to pray two raka’ats on the first night of burial.[16] The details of this prayer are mentioned in the law books of the maraji’.[17] Therefore, it is musthab to perform this prayer only on the first night and not all nights. For the other nights, one may perform other acts for his mother to send her the reward and make her soul calm and happy in the other world.

For further information in this regards, please refer to the following answers:

Index: Visiting non-Muslim graves and Praying for them, answer 103.

(https://www.facebook.com/groups/510247479126564/permalink/546002345551077/)

[1] . Adopted from answer 35827.

[2] Surah Mumtahina, verses 8 & 9;  Surah Tawbah, verse 113; Adopted from Index: Visiting non-Muslim graves and Praying for them.

[3] For further information, refer to the topic “Increasing Patience”, Question 8418 (site: 9091).

[4] Daylami, Shaykh Hasan, Irshad al-Qulub ila al-Sawab, vol. 1, p. 126, Sharif Radhiyy Press, Qum, first edition, 1412 AH.

[5] Ra’d:24.

[6] Baqarah:155-157.

[7] Tamimi Amidi, Abd al-Wahid ibn Muhammad, Ghurar al-Hikam wa Durar al-Kalim, p. 283, hadith 6299, Islamic Propagation Office Press, Qum, 1366 (solar).

[8] Ibid, p. 282, hadith 6298.

[9] Ibid, p. 262, hadith 6269.

[10] Ankabut:57 “كُلُّ نَفْسٍ ذائِقَةُ الْمَوْتِ ثُمَّ إِلَيْنا تُرْجَعُون”.

[11] Baqarah:156 “إِنَّا لِلَّهِ وَ إِنَّا إِلَيْهِ راجِعُونَ”.

[12] MullaHavish Aal Ghazi, Abd al-Qadir, Bayan al-Ma’ani, vol. 1, p. 203, Taraqi Press, Damascus, first edition, 1382 AH; Qurtubi, Muhammad ibn Ahmad, Al-Jami’ li Ahkam al-Quran, Nasir Khosro Press, Tehran, first edition, 1364 (solar).

[13] Majlisi, Muhammad Baqir, Bihar al-Anwar, vol. 10, p. 368, al-Wafa Institute, Beirut, 1404 AH.

[14] Amili, Shaykh Hurr, Wasa’il al-Shia, vol. 8, p. 279, Aal al-Bayt Institute, Qum, 1409 AH.

[15] Hilli, Ibn Fahd, Uddat al-Da’i, p. 146, Daar al-Kutub al-Islamiyy, Qum, 1407 AH.

[16] Amili (Kaf’ami), Ibrahim ibn Ali, Al-Misbah, p. 411, Daar al-Radhiyy Press, Qum, second edition, 1405 AH, Wasa’il al-Shia, vol. 8, p. 168.

[17] Musawi (Imam Khumayni), Sayyid Ruhullah, Tawdhih al-Masa’il, vol. 1, p. 348, researched/edited by: Sayyid Muhammad Husayn Bani Hashimi Khumayni, Islamic Publications Office, Qum, eighth edition, 1424 AH.