Analyzing the Issue of Removal of Brain Dead's Organs, from the Viewpoint of Jurisprudence and Law

Subject Areas : Political and International Researches Quarterly

Alireza Zare ¹ , Hosein Khanifar ²

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Received: 2020-03-23 Accepted : 2020-03-23 Published : 2020-05-21

Keywords: Brain death, Organ Harvesting, Organ Ownership, Organ Transplantation, Prescription and non-Prescription,

Abstract :

Alireza Zare[1] Hosein Khanifar [2]   Abstract: One of the most important medical issues that are reviewed and judged from the aspect of legal and jurisprudence is the issue of brain death. This category has a number of different issues. Including whether the person with brain death is actually dead? How is the situation in the perception of this person's organ? Is it just to remove equipment from the patient, or is it just the harvesting of the organs of the stuff that causes the definitive death of the person? From the point of view of jurisprudence and law, this issue seems permissible in some cases, and in some cases is prohibited. Since non-dead brain’s organs are of no use to the individual and the harvest of these organs does not harm him, but can save another person's life with the same organs, so in terms of religion and wisdom, this perception and connection to the comment is allowed. However, under the current circumstances, the judicial decree (fatwa) dispute and the lack of clarification of the various aspects of the subject matter have not yet been enacted, and if this legal vacuum persists, it will have severe consequences that will generally be irreparable. If a comprehensive law is passed to prevent this, save the lives of those in need and save on the costs of keeping two sick people (those with brain death and those in need), in cases of abuse of law and silence. Complaints are prevented because of a lack of law. [1] - M.Sc. Student, Jurisprudence and Fundamentals of Law, Faculty of Law, University of Tehran, Tehran, Iran [2]- Full Professor and Member of Official Faculty of Tehran University, Qom: Farabi Campus, Faculty of Management and Accounting, Qom, Iran: Corresponding Author