پژوهشنامه حقوق اسلامی (Aug 2011)
Organ Transplant in Brain- Dead Patients from the Perspective of Jurisprudence
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. 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.
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