Jurisprudential review of the permission to buy and sell body parts of brain-dead patients in the position of self-preservation

Hasanzadeh, Mohammad; Hoseini, Seyed Mohammad

doi:10.30497/sj.2024.245351.1317

Jurisprudential review of the permission to buy and sell body parts of brain-dead patients in the position of self-preservation

Document Type : Original Article

Authors

mohammad hasanzadeh

Seyed Mohammad Hoseini

 Associate Professor of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran

10.30497/sj.2024.245351.1317

Abstract

The process of exchanging human body parts and preserving the respectable soul has been the focus of Jafari jurisprudence for a long time. What is evident from the opinions of the jurists around this issue is the popularity of the banning of the buying and selling process and any type of ownership contract for the exchange of other parts of the human body, regardless of motivation. In the upcoming research, by expressing the opinions of Islamic schools of jurisprudence and mentioning the reasons and evidences of these rulings, a detailed criticism of the ban on the process of exchanging and transferring human body parts has been discussed, and by using the sources of issuing jurisprudence, the causes of the ruling on the permissibility of the process Transplantation of human body parts is provided. Because by violating the evidence of banning the said process and using the positive evidence of the ruling on the permission of the process of exchange and transfer of human body parts, there will be no other way but to accept the ruling on the permission in the said process. It is hoped that this jurisprudential research will save many lives from certain death and become an example of the 32nd verse of Ma'ida "And those who live will not live all the people".

Keywords

Buying and selling body parts

transplanting organs

exchanging body parts

buying and selling parts of brain dead patients

transplanting