Volume 12, Issue 45 (Summer 2018)                   MLJ 2018, 12(45): 133-152 | Back to browse issues page

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Amini J, Taheri M A, Saffary A, Ardebili M A, Shambaiati H. Comparative Study of Brain Death in Egypt and Iran. MLJ 2018; 12 (45) :133-152
URL: http://ijmedicallaw.ir/article-1-881-en.html
1- Department of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Department of Criminal Law and Criminology, Islamic Azad University, Birjand, Iran. (Correspanding author)
3- Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract:  
Failure to return all cerebellar and cerebellar cortex activities is called brain death. As the advancement of medical technology was first introduced in 1952 in the United States and a few years later in France, this concept was introduced. Today, most advanced countries in the world have accepted, through laws or judicial decisions, that death is due to the cessation of brain activity, and brain death is a definite death. The main causes of the importance of brain death and the efforts of lawmakers to explain its nature are the issue of organ transplants from brain deaths. Following the issue in Islamic countries, differences between jurisprudents and physicians have taken place and are still ongoing. More or less, brain death is accepted and legislated as a definitive death in some Islamic countries. In Iran, delayed brain death in western Iran in 2000 along with the issue of transplantation of organs and the unit entitled "The Law of Transplantation of Patients Dead or Patients whose Cold Death is Certain" entered into the official laws of the country, but in the laws of the country Egypt has not yet explicitly referred to the acceptance of brain death due to numerous controversies and controversy of the controversial jurisprudents, and it can only be deduced from this by law in Law No. 5 of 2010. This research has been conducted in a library method with the aim of comparative study and the discovery of the weaknesses and strengths of the rights of both countries in Iran and Egypt.
In this case study, in general, it can be said that Iran's law on brain death is more enlightening and more advanced than the Egyptian laws.

Please cite this article as: Amini J, Taheri MA, Saffary A, Ardebili MA, Shambaiati H. Comparative Study of Brain Death in Egypt and Iran. Iran J Med Law 2018; 12(45): 133-152.
Type of Study: Original Article |
Received: 2018/02/17 | Accepted: 2018/07/1

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