Organ Donation from People with Disabilities Comparative Study of Islamic Jurisprudence and Arab Laws

This research analyzes Islamic jurisprudence and Arab law regarding the organ donation of people with intellectual disabilities and concludes there are two opinions on the matter. The first is common in Islamic jurisprudence and in Jordanian, Kuwaiti, Libyan, and Algerian laws and states that it is not permissible to transplant any organ, cells, or tissues from a person with intellectual disabilities under any circumstances. This opinion sees the main condition for donation as the competence of the donor, which is based in reason, perception, and discretion; it argues that a person with intellectual disabilities is incapable of making such a donation. This approach penalizes any medical team conducting such transplants. The second opinion is found in UAE, and Egyptian law and states that the transfer of organs is permitted if the donation benefits an immediate family member and if it is confined to renewable cells or the spinal cord and does not harm the donor. This research concludes that the second is a stronger position, since it is in the interest of the family and no harm is caused to the donor as a result.