Majallah-i Dānishgāh-i ̒Ulūm-i Pizishkī-i Bābul (Dec 2014)
The Phenomenon of Brain Death in Jurisprudence and Law Scale
Abstract
BACKGROUND AND OBJECTIVE: It has been emphasized on sanctity of human life and the inherent dignity and sanctity of killing men in all the Abraham religions. In revelation teachings of Islam, murder is considered one of the greatest sins andnobody has right to take his/her own life or the other life. Progress in medical sciences, care facilities for patients,organ transplantation by skilled specialists and surgeons,and recognizing patient's consciousness level caused keeping patients with brain deathto be considered as a today issue in medical world. In this study the phenomenon of brain death in jurisprudence and law scale was surveyed. METHODS: The viewpoint and sentences of jurisprudents, contemporary Shia scholars and jurists about brain death was surveyed. There are a lot of verses in Quran and narratives about the right of life and death. Researching for such verses and narratives is a way to achieve a reasonable result. FINDINGS: The death is separation of soul from the body. Cardiac arrest solely is not enough to accept the death. Finishing the life of a person with brain death is deemed as an instance of manslaughter. The brain death solely is not enough for amputation and is not allowed. Removing the organs of a brain dead patient before his/her real death and after his/her death is not permitted. It is not permitted to remove the device from a brain dead patient who is alive with it and a person who does it considered as a killer.Permission of brain dead patient for donation of organcannot also cause the sanctity sentence to be waived. CONCLUSION: Results of this study showedthat from the jurisprudential viewpoint, the agents who ceasing the services and the persons who amputate brain dead patient's organ and caused the absolute death of the patient committed the unlawful act and are liable for incurred loss. In case of the permission of patient or next of kin to donor the organs, the right of retribution and blood money are waived, otherwise the right of retribution and blood money is reserved for next of kin.
