Determining the presence or absence of life is not an issue that was prescribed in the original sources of Sharia’a. As in many other issues, the experts in that area of human knowledge are called upon to clarify the situation and set regulations that are consistent with the basic principles and purposes of Sharia’a.

The verse 42 in Al-Zumar: “It is Allah who takes the souls [of men] at death; and those that die not [He takes] during their sleep: those on whom He has passed the decree of death, He keeps back [from returning to life], but the rest He sends [to their bodies] for a term appointed” suggests that death is associated with the departure of the soul without being able to return. When medical experts determine that the body have reached the point of inability to house the soul, they declare the advent of death. Similarly, the issue of transplantation is dealt with balancing the need with potential harm considering all stakeholders’ rights. Therefore, it may take all levels of decision from Wajib (duty) to permissible (mubah) to prohibited (haram). Each issue can be determined by its merits.