Study of jurisprudential and legal principles of transplantation of human organs

Subject Areas : فقه و مبانی حقوق

Mostafa Ameri siahooyi ¹ , Farooq Tooli ² , Lila Amini ³

1 - Assistant Professor, Department of Islamic Education, Islamic Azad University, Bandar Abbas Branch, Bandar Abbas, Iran
2 - Assistant Professor, Department of History and Civilization of Islamic Nations, Islamic Azad University, Takestan Branch, Takestan, Iran.
3 - Instructor, Islamic Education, Islamic Azad University, Bandar Abbas Branch, Bandar Abbas, Iran.

Received: 2019-06-03 Accepted : 2019-06-27 Published : 2019-12-22

Keywords: Death Permit, Organ Transplantation, Will, Organ Removal, Brain death,

Abstract :

In order to transplant organs from one human to another, in addition to diagnosing the obvious occurrence of brain death, the patient's will in this regard or in the absence of the patient's will, the consent of the deceased is required. Therefore, if the last two conditions are not met and despite the diagnosis of brain death and even the cessation of saving human life on organ transplantation, this is not legally possible, while some jurists have determined the task in such circumstances and believe in In case of stopping the salvation of a Muslim human life on organ transplantation and in case of no will, without the need to obtain the consent of the deceased, removal of the organ from the dead Muslim body and transplantation to the patient will be permissible and even obligatory.The study of the legitimacy of organ transplantation from the human body from a jurisprudential and legal perspective is the main focus of this research. Given the importance of issues related to organ harvesting and transplantation, it can be said that the most important purpose of research and study of their jurisprudential and legal foundations is to smooth a positive and acceptable approach to scientific and medical achievements in this field, resulting in the adoption of comprehensive laws. It will lead to more accuracy in the freedom of trade and association of members. In this article, we aim to explain the jurisprudential and legal principles of organ transplantation and the legitimacy of organ harvesting from a living human being by collecting information in a descriptive-analytical method.