پژوهش‌نامه حقوق اسلامی (Aug 2011)

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

  • ehsan ali akbari,
  • nasrollah shamli

DOI
https://doi.org/10.30497/law.2012.1066
Journal volume & issue
Vol. 12, no. 1
pp. 177 – 198

Abstract

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The present article analyzes the issue of removing organs from brain dead patients as a matter of fact and as a matter of law. Giving definitions of life and death, it clarifies the position of brain-dead patients. Referring to the above-mentioned definitions, traditions of the Infallibles, and jurisprudents\' views, this article concludes that such a patient is a living human being whose removal of organs are not allowed. The criticism of the arguments of those allowing organ transplant in brain-dead patients is another part of the article supporting the hypothesis of the article.

Keywords