to permit autopsy for these two purposes, whether the cadaver belongs to someone whose life was inviolable or not.
As for the third category—autopsy performed for educational purposes—the Council notes that Islamic law was revealed to procure and multiply benefits, to avert and diminish harms, and, where harms are unavoidable, to accept the lesser in order to ward off the greater; whenever benefits compete, the weightier is preferred. Because dissecting animals cannot replace the dissection of a human body, and because autopsy has yielded many benefits that have become evident through scientific progress in the various branches of medicine, the Council is of the opinion that, in principle, it is permissible to dissect a human corpse.
Nevertheless, since the Sharia shows the same concern for a Muslim’s dignity after death as it does for his dignity in life—as evidenced by the report related by Ahmad, Abu Dawud, and Ibn Majah from ʿAʾishah that the Prophet ﷺ said, “Breaking the bone of the deceased is like breaking it while he is alive”—and because autopsy entails a violation of that dignity, and in view of the fact that the necessity is removed by the ready availability of cadavers whose lives were not inviolable, the Council considers it sufficient to limit dissection to such bodies and not to subject the corpses of those whose lives were inviolable to this procedure under the circumstances described. Allah is the One who grants success, and may blessings and peace be upon our Prophet Muhammad, his family, and his Companions.
Council of Senior Scholars
Subsequently, Resolution No. 99 dated 6/11/1402 AH stated:
After deliberation and exchange of views, the Council unanimously decided: it is permissible to transfer an organ, or part of an organ, from a living Muslim or dhimmi to himself whenever the need arises, provided the removal poses no significant danger and the likelihood of a successful graft is high. By majority vote it further resolved:
1 – It is permissible to transfer an organ, or part of an organ, from a deceased person to a Muslim who is in dire need of it, provided no discord arises over its removal from the donor and the likelihood of a successful graft in the person