Is it permissible to transplant organs from a brain-dead person to a living one?
Contemporary scholars have differed regarding the consideration of brain death as a legally valid death. Some have held that it is to be considered a death if all brain functions have ceased definitively and physicians have confirmed this. This opinion was adopted by the Islamic Fiqh Academy. Others, however, have held that it is not to be considered a death as long as the heart is beating and breathing is occurring. This latter view is the more preponderant one, citing numerous cases of individuals diagnosed with brain death who then returned to life, and that the body still accepts nourishment and shows growth, and that the rulings pertaining to death are not applied except upon definitive death. Furthermore, the jurists have mentioned specific signs of death and did not consider brain death among them. Their texts advocate against hastening the preparation of the deceased until there is certainty of death. Accordingly, it is not permissible to transfer organs from a person diagnosed with brain death, unless their heart and breath have stopped and the legal signs of death have appeared.
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