The Command of Validity of the Last Will, in Order for an Optimal Use of the Testator’s Body Organs after His Death “from the Viewpoint of Islamic Jurisprudence

Subject Areas : Private law

seyyed mohammad shafiei mazandarani ¹

1 - واحد قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Will, Brain death, Natural death, Opponent, Concordant, Deceased’s guardian,

Abstract :

The human being is a property of god, and it is according to his permission that everybody is the owner of his deeds and actions and that everyone has the power of making decision about his or her body organs unless the time his life goes under danger. Moreover, every individual has the right to will how to be dealt with his properties and accessories after his death including the right of willing of a person about his body organs to be or not to be used after his death (whether natural death or brain death). Within this research it is realized that the optimal use of a deceased’s body organs is permissible in the case of brain death and even if there exist no will by the deceased, but the guardians of the one who is passed away have consensus upon it, it is still permissible to use the dead person’s body organs, and on the whole it was proved within this research that utilizing a dead person’s body organs in order to solve the problem of another Muslim human is permitted.