1
Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.
2
PhD Student, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.
Organ donation is a newly-raised legal issue with double importance and many challenges. What has been achieved in this article is an alternative opinion different from the opinions of other Shi'a jurists. In this research, relying on the necessity of preserving the respected soul through the four evidences of the Shari'a rulings, it has been proved that the organ donation of brain-dead patients and their organ transplantation is obligatory to preserve the respected soul who needs a transplant to continue living. This ruling is deemed as obligatory while the opinions of all Shi'ite jurists have been focused on the issue of permissibility or prohibition of organ donation. While investigating the doubts that have been brought up regarding the ruling for the permissibility, this research degrades the evidence of the claimants of the prohibition of organ donation. It is hoped that this jurisprudential survey will save many lives and become an example of the verse 32 of Sūrat al-Mā’ida, "And whoever saves a live is as though he has saved all the mankind.
Rezvantalab,M R and hasanzadeh,M . (2023). Legal Obligation of Brain-Dead Patients’ Organ Donation from the Jurisprudential Perspective. Jurisprudence the Essentials of the Islamic Law, 56(1), 49-65. doi: 10.22059/jjfil.2023.349613.669437
MLA
Rezvantalab,M R , and hasanzadeh,M . "Legal Obligation of Brain-Dead Patients’ Organ Donation from the Jurisprudential Perspective", Jurisprudence the Essentials of the Islamic Law, 56, 1, 2023, 49-65. doi: 10.22059/jjfil.2023.349613.669437
HARVARD
Rezvantalab M R, hasanzadeh M. (2023). 'Legal Obligation of Brain-Dead Patients’ Organ Donation from the Jurisprudential Perspective', Jurisprudence the Essentials of the Islamic Law, 56(1), pp. 49-65. doi: 10.22059/jjfil.2023.349613.669437
CHICAGO
M R Rezvantalab and M hasanzadeh, "Legal Obligation of Brain-Dead Patients’ Organ Donation from the Jurisprudential Perspective," Jurisprudence the Essentials of the Islamic Law, 56 1 (2023): 49-65, doi: 10.22059/jjfil.2023.349613.669437
VANCOUVER
Rezvantalab M R, hasanzadeh M. Legal Obligation of Brain-Dead Patients’ Organ Donation from the Jurisprudential Perspective. Jurisprudence the Essentials of the Islamic Law. 2023;56(1):49-65 (In Persian). doi: 10.22059/jjfil.2023.349613.669437