Can a Muslim donate his bone marrow to a Non-Muslim child

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Can a Muslim donate his bone marrow to a Non-Muslim child? There is no chance of the child surviving but only through this Muslim Donor. 

In the name of Allah, the most Beneficent, the most Merciful.

Answer                   

There are two views with regards to the permissibility or impermissibility of organ transplants.

One view is that it is not permissible to donate ones organs or to have an organ transplant.  The usage of human’s organs is not permissible because of the nobility and respect of man.

It is stated in Fatawa Hindiyyah that whether a person is living or dead it is not permissible to use any part of his body.  Firstly due to his respect and secondly, due to the pain and difficulty he undergoes in that limb being removed.  (p.354 v.5)

Furthermore, the Prophet of Allah Sallallahu Alahi Wasalam has said that the breaking of the bone of a dead person is equal to the breaking of the bone of a living person.  (Muatta Malik p.90)

Therefore it is not permissible to donate organs or to have organ transplants.  (Fatawa Mahmoodiyah p.432 v.12 & Fatawa Rahimiyah p.262 v.6)

However, in cases of extreme need and necessity where the life of a person is threatened, certain propitiations and restrictions are waived.

There is a famous principle of Fiqh which states:

“Necessity makes prohibition lawful.”  (Al-Ashbah Wal Nazaair p.85)

It is from the above principle that jurists have said haraam things become permissible when there is a dire need.  In particular in the medical field techniques have been refined and the human body is treated with much respect.  Furthermore, it is not considered disrespectful or against human sanctity to carry out organ transplants.

Mufti Kifayatullah has written, “This doubt that it is unlawful to derive benefit from human parts should not remain because it is unlawful in situations in which there is desecration of a human.  In situations where there is no desecration of a human, it will be permissible.”     (Kifayatul Mufti p.143 v.9)

With regard to your question, it will be permissible for a Muslim to donate his bone marrow to a non-Muslim. These matters are related to human life. Islam teaches us to feed the hungry, to take care of the sick and to save the life of people. In these matters it does not make any difference between the life of a Muslim and non-Muslim. This will fall under of Muwasat with non-Muslims which means relationships based on sympathy, kindness and concern.  It includes charitable help and support and any well-meaning attitude of wishing well. (Maariful Qur’an p.56-59 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

 

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