Journal of Islamic Law Research

Journal of Islamic Law Research

Organ Transplant in Brain-Dead Patients from the Perspective of Jurisprudence

Type : Research Article

Authors
Abstract
The present article analyzes the issue of removing organs from brain-dead patients as a matter of fact and as a matter of law. Providing definitions of life and death, it clarifies the position of brain-dead patients. Referring to the above-mentioned definitions, the traditions of the Infallibles, and the views of jurisprudents, this article concludes that such a patient is a living human being whose removal of organs is not permitted. The criticism of the arguments made by those who allow organ transplants from brain-dead patients is another part of the article supporting its main hypothesis.
Keywords
Subjects

  • Received 02 January 2011
  • Revise 29 January 2011
  • Accepted 22 April 2010