The MySejahtera application now allows the public to register as organ donors. However, are you curious about how organ donation is governed in Malaysia?
What is Organ Donation?
Organ donation is the process of surgically removing an organ or tissue from one person (the organ donor) and placing it into another person (the recipient). This is necessary because the recipient’s organ has failed or has been damaged by disease or injury.
There are two types of organ donors:
- Living donor
- Cadaveric donor (i.e. a donor who donates their organs after their death)
Living Donor
In Malaysia, the Ministry of Health (via the National Organ, Tissue and Cell Transplantation Policy) allows living organ donation only to close blood relatives. This includes the donor’s identical twin, first degree relative and second degree relative.
Living donors may also donate to their legal spouse (husband/wife). Should a donor wish to donate their organ to someone who is not genetically related or is distantly related (i.e. a third degree relative and beyond), they will need to be evaluated by an Independent Committee appointed by the Ministry of Health. Following this evaluation, permission may or may not be granted.
Moreover, it should be noted that according to Article 6 of the National Organ, Tissue and Cell Transplantation Policy, no organ and/or tissue shall be removed from the body of a living minor for the purpose of transplantation except in the case of regenerative tissue. Under the same Article, prisoners awaiting execution and mentally disabled persons are prohibited from live donation.
Cadaveric Donor
Under the Human Tissues Act 1974 (“HTA”), transplantation of cadaveric organs is allowed for therapeutic, medical education, and research purposes under two conditions.
- As per s2(1) HTA, the person must, either in writing at any time or orally in the presence of two or more witnesses during his last illness, express a request that his body or any specified part of his body be used after his death for therapeutic purposes, or for purposes of medical education or research.
- There must be no objection from the deceased and the surviving spouse or surviving next-of-kin as per s2(2) HTA.
It should be noted that doctors are duty-bound to take all reasonable steps to find out if the deceased had any objection and to obtain consent from the next-of-kin. Besides, based on the two conditions as previously mentioned, it is clear that Malaysia practices an opting in system. This means that donors must register their choice to become an organ donor, and those who do not register are presumed to be a non-donor.
Are Muslims Allowed to Donate Their Organs?
Malaysia is a Muslim majority country so this issue has naturally become a concern. According to the National Fatwa Council in 1970, while donating organs is permissible (“harus”) to save the life of a patient, the trading of organs is prohibited (“haram”). As such, as long as it is to save a life, Muslims may donate their organs.
