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Fallah Molla Mahmoud J, Soltan Ahmadi J, Shoaryan Satari E. Analysis of the taxation of human organs in violation of Article 75 of the Charter of Civil Rights and Islamic jurisprudence in return for the sale of organs. MLJ 2020; 14 :525-536
URL: http://ijmedicallaw.ir/article-1-1262-en.html

In view of the advances that have taken place in medical science and due to the dynamic jurisprudence of the Imams, the right to property has been accepted and Article 75 of the Charter of Citizenship Rights respects the right of property of citizens. Man's relationship with his organs is one of the new topics and due to the lack of explicit legal text on the sale of organs, is considered and sometimes disputed by jurists and jurists, donating and buying and selling human organs, whether during life Natural or in plant life is one of the important issues that has solved many problems in the field of medicine and organ transplantation and has given life again to those who receive the transplanted organ, so the person who transplanted this organ that owns the property There has been another, if a deal is made it seems that the deal is flawless, especially when the person has a vital plant and has suffered brain death, which is more noticeable. In order to comment on the property of the organs of the human body, one must know its origin and the discussion of whether the organs of the body belong or not. In fact, according to lexicologists, property has a customary meaning and means desire and property. According to jurists, property is anything that can be traded and has an economic value of exchange. The jurists have declared customary interest in things as the only condition for the taxation of things, and also have used the word desire and desire in relation to benefit, so they have declared the existence of desire and desire of people for goods as a condition of goods tax. Article 8 of the Law on Medicine and Arbitration And foodstuffs and the bylaws of this law, the purchase and sale of blood, which is one of the bodily products, has been authorized, which according to Article 75 of the Charter of Citizenship Rights, this right is also respected by the legislator. 8 recognized. Considering that all the necessary characteristics of a mystic property are present in each of the organs of the human body, the legislator has also determined a ransom for the loss of organs and in a special case has authorized its sale, so it can be said that each organ of the human body is a mystic. Legally and religiously, is among the property, but it is the most valuable property in the world, and all the effects and rulings of property are valid on them, unless the sharia and law explicitly state their non-taxation and the lack of flow of rulings and effects of property exchanges Express about members. This descriptive-analytical article has been prepared and compiled by the library method.

Please cite this article as: Fallah Molla Mahmoud J, Soltan Ahmadi J, Shoaryan Satari E. Taxation of Human Organs in Accordance with Article 75 of Citizenship Rights and Islamic Jurisprudence for the Sale of Organs. Bioethics Journal, Special Issue on Bioethics and Citizenship Rights 2020; 489-500.