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.

A Detailed explanation by Muftī Amjad Mohammed on the topic of HARVESTING THE HUMAN: Traditional Sunnī Islamic Perspective (Click Here to Download PDF) has been added for further reading and explanation.

Below is a 40 minute speech on the topic:

 

Other Imams, Muslim chaplains and scholars who agree with this position are listed below:
  1.  Shaykhul-Hadeeth Mawlānā Ayyub Bande Ilahi
  2. Mawlānā Marghgoob Ahmed Lajpuri
  3. Mawlānā Asad
  4. Mawlānā Mohammed Motara
  5. Muftī Zubair Dudha
  6. Qāri Muhammad Shoyaib Nurgat
  7. Muftī Mohammed Ashfaq
  8. Muftī Zakariyya Akudi
  9. Mawlānā Yusuf Mama
  10. Muftī Yusuf Danka
  11. Mawlānā Abdul Karīm
  12. Qādhi Imran Sayed Falahi
  13. Mawlānā Ahmad Sarkar
  14. Mawlānā Hashim Sacha
  15. Mawlānā Mohammed Saeed Mulla
  16.  Mawlānā Hashim Rawat
  17. Muftī Yusuf Akudi
  18. Mawlānā Suliman Bodiyat
  19. Mawlānā Shabbir Seedat
  20. Mawlānā Abdul-Hai Seedat
  21. Mawlānā Musa Gora
  22. Mawlānā Mushtaq Balakhdi
  23. Muftī Javed Pathan
  24. Muftī Abidur-Rahman Molvi
  25. Mawlānā Abdul-Awwal Molvi
  26. Mawlānā Mohammed Farook Kazi
  27. Mawlānā Imran Lunat
  28. Mawlānā Afzal Wali Mulla
  29. Mawlānā Sulaiman Makda
  30. Mawlānā Tariq Mahmood
  31. Mawlānā Iftikhar Hussain
  32. Muftī Amin Pandore
  33. Mawlānā Sohail Bawa
  34. Mawlānā Habibullah Munshi
  35. Mawlānā Yusuf Mayet
  36. Mawlānā Irfan Soni
  37. Mawlānā Ibraheem Patel
  38. Mawlānā Arif Polli
  39. Mawlānā Imtiaz Kamal
  40. Mawlānā Amin Sadak
  41. Mawlānā Nausarka
  42. Muftī Bilal Issak
  43. Muftī Hanif Patel
  44. Muftī Tahir Sulayman Patel
  45. Mawlānā Aftab
  46. Mawlānā Farid Patel
  47. Mawlānā Ilyas Dalal
  48. Mawlānā Muhammad Javaid Ali
  49. Imām Qassim
  50. Mawlānā Sauban Munshi
  51. Mawlānā Yunus Bismillah
  52. Mawlānā Zakir Dola