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The question

What is the precise meaning of the term "permission" (إذن) as used in the resolutions of Fiqh Councils regarding the disposition of human organs after death, and is this "permission" considered a conventional will, or a transaction like a gift or a sale? What are its pillars if it is a transaction, and is absolute permission to take organs permissible without specifying the beneficiary?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Permission for something means its permissibility, and a will is a permission for it. Permission is considered a legal act with its pillars (the granter of permission, the recipient of permission, the object of permission, and the form). It is permissible for a person to grant permission for the utilization of their organs after death without specifying the beneficiary. However, this does not open the door for establishing banks for the organs of the deceased, because organ transplantation is subject to strict legal and medical conditions and controls, and because the process of organ transplantation requires the retention of a part of life in the body, i.e., before definitive death, which is a matter of disagreement.

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Ftawy
Original fatwa ID
86610
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