An approach on the replacement of organ donation in retribution in Iran's legal system
Subject Areas : فقه و مبانی حقوقabbas dehghani 1 , alireza asgari 2
1 - Educational Center, Iran
2 - Assistant Professor, Faculty of Human Sciences, Azad University of Qom, Pardisan Branch
Keywords: self-retribution, Organ Transplantation, Execution, organ donation, Criminal, Brain death,
Abstract :
Organ donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that cause the least amount of suffering to the offender. According to some jurisprudential and legal arguments and inferences, the issue of organ donation has been approved and many people donate their organs to the needy every year. Therefore, the issue of donation and of course retribution through donation, which takes place with the consent of a person, should not be equated with mutilation. The issue of donating the body parts of people who are so-called brain dead and there is no connection between their brain and their organs due to neurological disorder, to the needy patients; Organ transplantation has become a common practice. But this is not enough to meet all the needs of the members. On the other hand, people who are not qualified to live in the community due to social misdeeds and are about to be executed, they must experience a hard death without compensation.
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