Is it permissible for a Muslim to donate his body for medical research after the persons death? If it is allowed what are the conditions that need to be fulfilled?.
Praise be to Allaah.
It is not permissible for the Muslim to donate his body for
medical research after he dies, because medical research is based on
dissecting, cutting and examining the body, and carrying out research or
tests on it. It is not permissible to do such things to the body of a
Muslim.
This is indicated by a number of things, namely:
-1-
The sanctity of the Muslim’s body after he dies is something
that is protected in sharee‘ah. It is not permissible to transgress against
it in any way whatsoever, whether by wounding, breaking, dissecting or
otherwise, except when there is a legitimate shar‘i reason that makes it
necessary. The Prophet (blessings and peace of Allah be upon him) said:
“Breaking the bone of one who is dead is like breaking it when he is alive.”
Narrated by Abu Dawood (3207). The version narrated by Ibn Maajah (1617)
says: “Breaking the bones of a dead person is like breaking his bones when
he is alive in terms of sin.” Classed as saheeh by al-Nawawi in Khulaasat
al-Ahkaam (3/1035) and by al-Albaani in al-Irwa’ (763).
Al-Teebi said: This indicates that a dead person is not to be
treated with disrespect just as a living person is not to be treated with
disrespect. End quote from ‘Awn al-Ma‘bood (9/18)
Al-Baaji said: This means that he has the same level of
sanctity when he is dead as he has when he is alive, and that breaking his
bone when he is dead is haraam just as it is haraam to break it when he is
alive.
End quote from al-Muntaqa Sharh al-Muwatta’ (2/63).
-2-
What must be done to the Muslim’s body after he dies is to
wash him, shroud him and offer the funeral prayer over him, then bury him.
Donating his body for medical research means that these obligatory duties
are not done.
-3-
Using the Muslim’s body as material for dissection, training
and teaching is contrary to the honour that Allah has bestowed upon him .
With regard to the need to dissect bodies for scientific
research, this need may be met by using the bodies of those who are not
protected in sharee‘ah. [The one who is not protected in sharee‘ah is the
kaafir who is in a state of war with the Muslims or the one who has
apostatised from Islam.]
A statement to that effect was issued by the Council of
Senior Scholars in which it says:
And since dissecting involves a loss of dignity, and since
there is no necessity for dissecting them because it is possible to obtain
dead bodies that are not protected by sharee’ah, the Council believes that
dissections should be restricted to such bodies and not bodies of people who
are protected by sharee‘ah.
Abhaath Hay’at Kibaar al-‘Ulama’
(2/84); to read the statement in full, please see the answer to question no.
92820.
And Allah knows best.
