[Home ] [Archive]   [ فارسی ]  
:: Volume 4, Issue 1 (2018) ::
2018, 4(1): 53-60 Back to browse issues page
A New Approach on Expediency in the Organ’s Dealing and Transplantation of Human Body Organs from the Perspective of Islamic Sources
S.A. Vahdati Shaibari1, M. Enayati 2, H. Naqizadeh3, J. Irvani4
1- Jurisprudence & Fundamentals of Islamic Law Department, Theology & Islamic Studies Faculty, Ferdowsi University of Mashhad, Mashhad, Iran
2- Islamic Education Department, Theology & Islamic Studies Faculty, Ferdowsi University of Mashhad, Mashhad, Iran , -
3- Quranic & Hadith Sciences Department, Theology & Islamic Studies Faculty, Ferdowsi University of Mashhad, Mashhad, Iran
4- Jurisprudence & Fundamentals of Islamic Law Department, Theology & Islamic Studies Faculty, Razavi University of Islamic Sciences, Mashhad, Iran
Abstract:   (2168 Views)
Introduction: One of the emerging issues in medical science is organ transplantation. One of the important types of organ transplantation is transplantation from the living person to another. The aim of this study was to investigate the expediency and legitimacy of the organ’s dealing and transplantation from the perspective of the Qurchr('39')an and hadith.
Conclusion: Certainly, no jurist permits organ transplantation if it exposes the donor to destruction however, the donor is satisfied and organ transplantation is also essential for preserve the life of the receptor. Many jurists have permitted the transplantation either based on verbal reasons and the first sentence or the rule of contention and the second sentence. Assuming the license issuance, jurists disagree which the contract of sale can be used for organ transplantation, but according to a valid fatwa that permits the sale of the dead, it is also possible to issue the accuracy of the organs sale contract and transfer of organs to another. Because custom refers to the ownership right for the amputated member and there is no irreparable problem in the credit of ownership right of human body organs. Assuming that there is any doubt in ownership of the member or the ownership of the person towards the amputated member, transfer of priority or allocation rights in the form of peace or article 10 of the civil code can be effective. Free or exchange permission is another template, which regardless of the issue of ownership transfer or the allocation right, receiving a member from another person and paing for it makes it justified.
Keywords: Organ Tranplantation, Body Organ's Dealing, Perspective, Jurisprudence, Ownership, Islamic System
Full-Text [PDF 402 kb]   (238 Downloads)    
Type of Study: Research | Subject: Special
Received: 2018/10/20 | Accepted: 2019/02/9 | Published: 2019/03/19
References
1. Kharazi M. A speech in rule of member disconnect. Figh Ahl Bayt. 2001;(25):21-58. [Persian] [Link]
2. Javaheri H. Discussion in contemporary jurisprudence (Bohoos fi fegh al-mo'aser). 1st Edition. Beirut: Dar al-Zakhaer; 1998. [Arabic] [Link]
3. Momen Qomi M. Correct words in new issues (Kalemat sadidah fi masael jadidah). 1st Edition. Qom: Institute of Islamic Publishing; 1994. [Arabic] [Link]
4. Nouri Hamedani H. One thousand and one jurisprudential issues. 2nd Edition. Qom: Institute of Mahdi Mo'oud; 1998. [Persian] [Link]
5. Sabzevari A. Modifier of the rulings (Mohazzab al-ahkam). Qom: Al-Manar Institute; 1988. [Arabic] [Link]
6. Sanad al-Bahrani M. Medical jurisprudence (Fegh al-teb). 1st Edition. Beirut: Institute of Om al-Ghora; 2002. [Arabic] [Link]
7. Khoei SA. Jurisprudence light in deals (Mesbah al-feghahah fi al-mo'amelat). 3rd Edition. Qom: Institute for the Restoration of the Works of Alamam al-Khoei; 2007. [Arabic] [Link]
8. Tabatabaei MH. The balance in commentary of Quran (al-mizan fi tafsir al-Quran). 5th Edition. Qom: Ismaeilian Institute; 1992. [Arabic] [Link]
9. Mousavi Ardebili SA. The clear fatwas (Al-fatewi al-wazehah). Qom: Nejat; 1997. [Arabic] [Link]
10. Mousavi Khomeini R. Writing the device (Tahrir al-Wasilah). Eslami A, translator. 1st Edition. Qom: Islamic Publications Office; 1990. [Arabic-Persian] [Link]
11. Rouhani MS. New issues (Al-Masa'il al-Mustahdadeh). 4th Edition. Qom: Institute of Dar al-Ketab; 1993. [Arabic] [Link]
12. Hore Amali M. Tools of Shia (Wasael al-Shia). Volumes 4, 13, 19 and 17. 7th Edition. Beirut: Dar Ehya al-Torath al-Arabi; 1991. [Arabic] [Link]
13. Makarem Shirazi N. A treatise on explanation of issues. 9th Edition. Qom: Hadaf; 1995. [Persian] [Link]
14. Asef Mohseni M. (Al-Fiqh wa al-Masa'il al-tebbiyah). 1st Edition. Qom: Boostan-e Ketab; 1995. [Arabic] [Link]
15. Feizi T. Informing jurisprudential views, organ transplants. Qom: The Judicial Research Center of the Judiciary; 1998. [Persian] [Link]
16. Montazeri H. Medical orders. 1st Edition. Tehran: Sayeh; 2002. [Persian] [Link]
17. Allameh Haley H. Writing of rulings (Tahrir al-ahkam). 1st Edition. Qom: Institute of Al al-Bayt; 1996. [Arabic] [Link]
Send email to the article author

Add your comments about this article
Your username or Email:

CAPTCHA


XML   Persian Abstract   Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

Vahdati Shaibari S, Enayati M, Naqizadeh H, Irvani J. A New Approach on Expediency in the Organ’s Dealing and Transplantation of Human Body Organs from the Perspective of Islamic Sources. Quran and Medicine. 2018; 4 (1) :53-60
URL: http://quranmed.com/article-1-234-en.html


Volume 4, Issue 1 (2018) Back to browse issues page
قرآن و طب Quranmed
Persian site map - English site map - Created in 0.05 seconds with 29 queries by YEKTAWEB 4227