From spring 2020, organ donation in England will move to an ‘opt out’ system.
This means that all adults in England will be considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate
What is the Hanafi position with regards to Organ Donations following the Law change in England requiring everyone to Opt Out?
Medicinal techniques have developed which allow the transplant of one human part into another human which give the receiver the possibility to live. This coupled with mechanical ventilation has meant many who were possibly about to die could live on.
The moral dilemma this raised was to ensure humans were dead before the body parts could be removed and the dead donor rule was brought into existence. However, as we have seen the human is not dead when organs are procured. This is fundamentally immoral according to traditional sunnī Islam as there is no permissibility to take the life of an innocent individual even at her request to save another person. Traditional Islam drew no distinction between a living or dead human; so even if in the future the medicine world could determine death it would have no impact on this position unless the context changed considerably. In summary, organ procurement is considered immoral based on current understanding and procedures.