Volume 14, Issue 53 (Summer 2020)
MLJ 2020, 14(53): 173-193 |
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Sadeghi E, Fehresti Z, Yaghouti E. Analysis of Solutions for Developing Resources of Organ Donation; A Donation Card Approach. MLJ 2020; 14 (53) :173-193
URL: http://ijmedicallaw.ir/article-1-987-en.html
URL: http://ijmedicallaw.ir/article-1-987-en.html
1- Department of Jurisprudence and Principles of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Principles of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
2- Department of Jurisprudence and Principles of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
Abstract:
Nowadays, organ transplant is an inevitable necessity for patients in need who other medical treatments don’t work for them. Nevertheless, it has become one of the major challenges of societies to find transplantable organs in order to bring patients in need back to society and their families. The statistics points out that in the year 2017, despite the issuance of the four million organ donation cards in the country, only 3% of the applicants in need succeeded to get an organ. One of the major obstacles in this regard is the lack of legislative recognition of organ donation cards and this causes the organ donation cards to not have appropriate effectiveness. By studying primary religious resources and Iranian regulations with documentary method, the present study aims to analyze the role of satisfaction of person injured with brain death and his parents in the organ donation law and the role of the organ donation card in order to develop organ donation. The law of organ donation recognized either the will of the patient or satisfaction of his (her) parents as legal permission of organ donation, whereas in contradiction with this approval of Iranian Islamic parliament, its bylaw has required satisfaction of the parents combined with the will. Filling the organ donation card is considered as a legal action which is adaptable with the will institution. The reasons given in this study indicate that the filling of the organ donation card can be considered as equivalent of the official will of the person and it is not necessary to obtain approval from his parents. The law is transparent, moreover, according to the religious thoughts the will of dead person is respectful and cannot be changed.
Please cite this article as: Fehresti Z, Yaghouti E, Sadeghi E. Analysis of Solutions for Developing Resources of Organ Donation; A Donation Card Approach. Iran J Med Law 2020; 14(53): 173-198.
Please cite this article as: Fehresti Z, Yaghouti E, Sadeghi E. Analysis of Solutions for Developing Resources of Organ Donation; A Donation Card Approach. Iran J Med Law 2020; 14(53): 173-198.
Type of Study: Original Article |
Received: 2019/07/2 | Accepted: 2020/03/13
Received: 2019/07/2 | Accepted: 2020/03/13
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