Organ Transplant from A Deceased Donor to A Living Recipient in Light of Islamic Jurisprudence and Law of Thailand

Nawawee Arawan

Authors

Nawawee Arawan The Halal Science Center, Chulalongkorn University

Keywords:

Organ Transplantation, Deceased Donor, Islamic Jurisprudence, Law of Thailand, Organ Donation

Abstract

This research paper aims to explore organ transplantation from a deceased donor to a living recipient through the lenses of Islamic jurisprudence and Thai law. Given that this is a contemporary medical issue, the study examines it from both Islamic and Thai legal perspectives. The primary motivation for this research is the prevailing difference of opinion among Muslim scholars regarding the religious rulings on this matter. The study analyzes various scholarly views, their supporting evidence, and subsequent interpretations to foster understanding and resolve ideological disputes. The researcher employed a qualitative methodology, collecting and analyzing data from Islamic legal sources to reach a definitive conclusion. Additionally, an interview was conducted with a Muslim organ recipient who received an organ from a deceased donor to provide practical insights and maximize the research's utility. The findings of this research are as follows; 1 Islamic jurists’ opinions are divided into two; the first one being permissibility and the other being prohibition. 2 Both the sides differed regarding their perspective and analytic approach taken towards the evidence, which then becomes the readers’ duty to see towards which side do their inclinations fall. 3 According to Thai law, organ transplantation is legal and considered an act of charity.

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