The transfer of organs from those sentenced to death caused an uproar in Egypt...and the Doctors Syndicate clarifies

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The proposal to benefit from the organs of those sentenced to death to save patients in need of organ transplantation has sparked an uproar in Egypt, at a time when medical and religious opinions stressed that organ donation is inseparable from the will and explicit consent of the body owner.

Hossam Mowafy, professor of critical care medicine at Kasr Al-Aini Faculty of Medicine, asked the Attorney General and Sheikh of Al-Azhar about the possibility of benefiting from the organs of a person sentenced to death before or after the execution of the sentence, pointing out that organs such as the kidneys, heart, corneas, and parts of the liver can contribute to saving the lives of patients who need to be transplanted.

On the other hand, the Egyptian Medical Syndicate expressed its “strong objection” to this proposal, as Syndicate Council member Ahmed Bahlis said, “Implementing the death sentence is related to taking life as a punishment, and does not automatically mean forfeiting a person’s right to his body or granting others the right to dispose of his organs.”

Bahlis also stressed in statements to Al-Arabiya.net/Al-Hadath.net, today, Tuesday, that “a person sentenced to death, if he had not donated his organs of his own free will before being exposed to the situation, it is not permissible to take his organs, as organ donation is based primarily on free will and informed consent, and donation cannot be imposed on the person at a moment when he is under pressure or in an exceptional situation.”

In addition, he considered that raising inaccurate ideas or information regarding organ transplantation may lead to adverse results, in light of what he described as the delay in the organ transplant issue compared to a number of countries, explaining that the repeated controversy over the issue may lead to increased society’s reservations about it instead of supporting donation and organ transplantation.

Therefore, he added, “Society needs accurate medical information regarding organ donation and transplantation operations, especially since organ transplantation is subject to precise procedures and examinations, and it cannot be reduced to the idea of ​​suddenly obtaining an organ after the death of a person,” pointing out that “the primary goal must be to develop the organ transplantation system in a way that serves needy patients, instead of putting forward ideas that may lead to a negative societal reaction to donation operations.”

Likewise, an official in the Egyptian Ministry of Health indicated, in statements to Al-Arabiya.net/Al-Hadath.net, that “the constitution and rules regulating organ transplantation require informed consent for donation, without pressure.” He stressed that "this proposal was not discussed officially, because it does not meet the conditions and is not applicable."

In this vein, the former Minister of Endowments and member of the Islamic Research Academy, Muhammad Mukhtar Jumaa, refused to take the organs of a person sentenced to death, stressing that “the human body remains inviolable even after his death.” He said, "The person sentenced to death has received the legitimate and legal punishment prescribed for him."

He also explained on his Facebook account that “it is not permissible according to Sharia law to take any organ from a human being, whether alive or dead, without he himself having willingly donated it, and for this to be legally documented in a way that prevents any suspicion of transgression against him,” stressing that “the heirs’ consent also does not give them the right to donate the deceased’s organs if he had not issued his consent.”

Note that the current controversy brings the issue of organ transplantation in Egypt back to the forefront, not only from the perspective of increasing the chances of saving patients in need of transplantation, but also in terms of the controls that guarantee the protection of the donor, the preservation of human dignity, and the prevention of exploiting circumstances of death or punishment to obtain organs.

In February 2026, the issue returned to the forefront after a proposal was put forward to establish a “national tissue bank” and expand post-mortem skin donation to treat burn patients, which sparked a debate about the limits of medical benefit from deceased tissues and how to ensure that they are not misused.

Organ transfer and transplantation operations in Egypt are governed by Law No. 5 of 2010, which sets controls for the donation and transfer of organs from the living and deceased, while subsequent amendments have tightened the penalties associated with the transfer and transplantation of organs in violation of the law and their trafficking.

The law and executive regulations require that the donation be of free will “not tainted by coercion or fraud,” with official procedures in place to document the donation. The law also sets controls for transferring organs from the deceased, including proof of death in accordance with specified medical procedures, and the existence of a will or documented approval in accordance with the regulating rules.