The Parliament’s Social Affairs Committee has passed revisions to the Human Organ Transplant Bill, removing the Islamic penalty of Qisas (retaliatory punishment) and reducing fines and prison sentences.
The move follows President Mohamed Muizzu’s decision to return the bill to Parliament without ratification for further review.
In addressing the legal and Shari’ah-related concerns raised by the President, the committee also amended the eligibility criteria for organ donors in addition to revising the penal framework.
Key Changes to Penalties
The original version of the bill, previously passed by the PNC-led supermajority, stated in Article 66(d) that any person found guilty of the offenses outlined in subsection (a)—specifically the unauthorized removal of organs or illegal transplantation—would be subject to Qisas in accordance with Islamic Shari’ah.
Alternatively, the previous version mandated the payment of Diyyah (blood money) as prescribed under Shari’ah, along with a fine ranging from MVR 250,000 to MVR 500,000 and a prison term of 18 to 24 months.
However, the Social Affairs Committee has now amended this article to remove the provisions for Qisas and Diyyah, while also lowering the statutory penalties. The revised penalties are as follows:
- Fines: Reduced to a range between MVR 150,000 and MVR 250,000.
- Imprisonment: Reduced to a term between 12 and 18 months.
According to the committee report, these changes were made after the President highlighted challenges in implementing the penalties as originally drafted. In his letter to Parliament, the President noted that the unauthorized removal of organs and illegal transplantation encompass three distinct acts, not all of which may meet the stringent requirements for Qisas under Islamic Shari’ah. He further cautioned that the previous wording risked the potential application of Qisas outside the established principles of Shari’ah.
Notably, the provisions for Qisas and Diyyah were not included in the bill when it was first introduced; they were added during the initial committee stage. With the latest revisions, Article 66 has been restored to its original form.
Restrictions on Organ Donation by Inmates
Another significant amendment was made to Article 7(b) of the bill. The revised text stipulates that an organ donor must not be an individual under state custody. This includes persons accused of crimes or inmates currently serving a judicial sentence.
The amended bill is scheduled for debate during today’s parliamentary session.
