Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1047-1063 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Akbari M. Resolving the Conflict of Individual Will and the Consent of
Heirs in Organ Donation after Death in Iran from the
Jurisprudence and Legal Point of View. MLJ 2025; 19 (60) :1047-1063
URL: http://ijmedicallaw.ir/article-1-2027-en.html
URL: http://ijmedicallaw.ir/article-1-2027-en.html
Department of Law, Faculty of Humanities, Ayatollah Boroujerdi University, Borujerd, Iran.
Abstract:
Background and Aim: Organ donation, as a life-saving procedure, encounters a conflict between two fundamental concepts: "Individual autonomy" and "the sanctity of the human corpse". In the Iranian legal system, this conflict manifests in determining the ultimate decision-making authority-whether it lies with the will of the living individual or the consent of the deceased's next of kin. This study aimed to analyze this conflict and elucidate the jurisprudential and legal relationship between these two decision-making sources
Method: This research was conducted using a descriptive-analytical method, drawing on authoritative jurisprudential sources (books and articles) and Iranian statutory laws (the Organ Transplantation Act, the Civil Code, and the Islamic Penal Code.
Ethical Considerations: In this study, ethical principles, including accuracy in citing sources, academic honesty in data analysis, and impartiality in presenting diverse viewpoints, were observed.
Results: The findings revealed that, from the perspective of Imamiyyah jurisprudence, significant evidence supports the validity and priority of an individual's will, based on the principle of self-determination and pure consent (Tayyib al-Nafs). In contrast, the inherent right of the next of kin to make decisions is seriously questioned due to the principle of non-authority (Asl-e Adam-e Velayat). On the other hand, legal analysis indicated that although the law acknowledges the will, the mandatory requirement for "consent from all legal adult heirs" has, in practice, become a decisive and often obstructive factor. This has led to the disregard of the deceased's will and delays in the transplantation process. This duality has created a significant gap between jurisprudential foundations and legal application.
Conclusion: The arbitrary approval of Uniform-Judicial Votes in various areas, such as issues related to public health and medical rights and the disregard for the principles of differential and technical legislation that are consistent with the foundations of such areas, will have no result other than a possible violation of the people's right to security and health and will present the courts with many ambiguities when dealing with cases in this area.
Please cite this article as:
Akbari M. Resolving the Conflict of Individual Will and the Consent of Heirs in Organ Donation after Death in Iran from the Jurisprudence and Legal Point of View. Medical Law Journal. 2025; 19: e69.
Method: This research was conducted using a descriptive-analytical method, drawing on authoritative jurisprudential sources (books and articles) and Iranian statutory laws (the Organ Transplantation Act, the Civil Code, and the Islamic Penal Code.
Ethical Considerations: In this study, ethical principles, including accuracy in citing sources, academic honesty in data analysis, and impartiality in presenting diverse viewpoints, were observed.
Results: The findings revealed that, from the perspective of Imamiyyah jurisprudence, significant evidence supports the validity and priority of an individual's will, based on the principle of self-determination and pure consent (Tayyib al-Nafs). In contrast, the inherent right of the next of kin to make decisions is seriously questioned due to the principle of non-authority (Asl-e Adam-e Velayat). On the other hand, legal analysis indicated that although the law acknowledges the will, the mandatory requirement for "consent from all legal adult heirs" has, in practice, become a decisive and often obstructive factor. This has led to the disregard of the deceased's will and delays in the transplantation process. This duality has created a significant gap between jurisprudential foundations and legal application.
Conclusion: The arbitrary approval of Uniform-Judicial Votes in various areas, such as issues related to public health and medical rights and the disregard for the principles of differential and technical legislation that are consistent with the foundations of such areas, will have no result other than a possible violation of the people's right to security and health and will present the courts with many ambiguities when dealing with cases in this area.
Please cite this article as:
Akbari M. Resolving the Conflict of Individual Will and the Consent of Heirs in Organ Donation after Death in Iran from the Jurisprudence and Legal Point of View. Medical Law Journal. 2025; 19: e69.
Keywords: Organ Donation, Will, Individual Will, Gurdians Consent, Imamiyah Jurisprudence, Organ Transplants Law
Type of Study: Original Article |
Received: 2025/10/21 | Accepted: 2026/02/3
Received: 2025/10/21 | Accepted: 2026/02/3
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
