Body Organ Transplantation According To The Perspective Of Islamic Law

Abstract

Organ and tissue transplantation is an important advancement in medicine, providing hope for patients with terminal organ failure. WHO 2020 data recorded 129,681 transplant procedures, with kidneys being the most common. In Indonesia, transplant regulations are regulated in Law No. 17 of 2023 and Government Regulation No. 28 of 2024. Despite the legal framework, the practice still faces challenges, including violations such as transplants without donor consent and organ trafficking. In the perspective of Islamic law, transplantation is allowed on the condition that it meets the principles of sharia maqashid, including voluntary consent. This research uses a normative method with a literature approach, examining primary and secondary legal materials, as well as fatwas of the Indonesian Ulema Council. Harmonization between positive law and Islamic law is essential to ensure that transplant practices are carried out ethically and legally, as well as in accordance with human values, thus encouraging better policies and practices in the health sector.

Keywords: Organ Transplant; Positive Law; Islamic Law.