نقل و زرع الأعضاء البشرية بين الشريعة والقانون

Abstract

The topic of human organ transplantation is considered as a good achievement of scientific progress in the medical field. This it passed the stage of medical trials and entered the field of treatment. These processes require obtaining human organs, either living or dead, in order to plant them in a body of the patient who needs them. However, this is not realized according to the opinions of the Sharia jurisprudents and the law ,that with the availability of a set of necessary rules, such as approval, eligibility for the donor and the recipient, and the absence of financial burden for the transferee. Make sure of death with regard to the deduction of bodies, because the question of death, has become complicated and not as simple as in the past. Because the medicine has reached the full conviction, that the real death is the death of the brain that leads to the death of all the cells of the body, and not the stopping of the functioning of the heart and the lungs, because stopping does not mean that the person is dead, he could be unconscious only. And with resuscitation devices, he can come back to life. The human being living or dead forms an important subject, of all the divine laws and positive laws, there are jurisprudents which allowed treating the human organs in absolute terms by finding, this kind as a sort of social and human solidarity ,which is called by all religions throughout the ages. Organ donation is a charitable act, because it provides patients with the comfort and fitness they need to do their jobs at best. And there is absolutely, who forbidden it considering it as a kind of assault, against the physical integration of man. It is observed that positive legislation and Islamic sharia stipulate a set of criminal sanctions against the doctor, who does not respect the aforementioned regulations. However, there is almost an agreement between the lawyers of the positive law, and modern Islamic jurisprudence, on the permissibility of transplanting the human organs of the living and the dead.