نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Upon his death, man is deprived of many of his rights and loses all choice, capacity, and domination over himself from a creational perspective. In addition, respecting the dead body of Muslims and observing their dignity is a religious and conventional obligation. Now the question arises whether a man has the religious right and authority to decide about his body after death and about the removal of organs from his body for transplantation. Is it possible for him to make a testamentary will regarding this issue? Another question also arises as to whether the next of kin of the deceased have the right to decide about the body of the deceased and whether their consent in this regard is significant or not. To answer these questions, the issue is studied under two titles: testamentary will and guardianship. The single-clause bill concerning the 1379 Act on “Organ Transplantation of Deceased Patients or Those Whose Brain Death Is Inevitable” has stipulated the testamentary will of the patient or the consent of the next of kin. There is a fundamental difference between the views of the proponents and opponents of removing organs from a deceased person according to his will. The consent of the next of kin of the deceased is indicative of the permission and consent of the owner of the organ. Thus, this permission is valid and serves as a license for organ removal.
کلیدواژهها [English]
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