Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 36-55 |
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Jalilian M, Izadifard A A, Jahani A A. Jurisprudential-Legal Investigation of the Legitimacy of Transplanting an Organ from a Prohibited Meat Animal to a Human Being. MLJ 2024; 18 (59) :36-55
URL: http://ijmedicallaw.ir/article-1-1710-en.html
URL: http://ijmedicallaw.ir/article-1-1710-en.html
1- Department of Islamic Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Mazandran University, Mazandran, Iran.
Abstract:
Background and Aim: In response to the necessity such as the lack of human organs for organ transplantation and the loss of life of people in need of organ transplantation, medical scientists have developed various methods such as bone marrow transplantation, the development of technologies that can be transferred to the human body and finally transplantation. They have followed the organ from animal to human. The main question of the current research is what are the viewpoints regarding the legitimacy of animal-to-human organ transplantation from a jurisprudential-legal point of view? The goals of the current research are to analyze the legitimacy of transplanting organs from forbidden meat animals to humans from a jurisprudential-legal point of view and to identify the different approaches that exist in this field.
Method: The method used in this research is descriptive-analytical. In this regard, reliable library sources are used to collect materials.
Ethical Considerations: In this method, ethical principles and scientific trustworthiness have been observed.
Results: The findings of the current research are based on the fact that some people are against any organ transplant from an animal that is forbidden to eat human beings, citing the impurity of the animal as forbidden meat and the principle of prohibition. Exclusion from masma, the impossibility of ghusl in all circumstances and the rule of emergency are used to agree to the transplant of an organ from a prohibited meat animal to a human.
Conclusion: In connection with the conclusion of this research, it seems that considering the genetic adjustments and the preparations that are currently being made from a medical point of view to accept this type of transplant, it is possible to accept this transplant in case of emergency, but if in the future, medical advances are such that all the bad effects of this type of transplant are eliminated, maybe it can be considered absolute.
Please cite this article as:
Jalilian M, Izadifard AA, Jahani AA. Jurisprudential-Legal Investigation of the Legitimacy of Transplanting an Organ from a Prohibited Meat Animal to a Human Being. Medical Law Journal. 2024; 18: e3.
Method: The method used in this research is descriptive-analytical. In this regard, reliable library sources are used to collect materials.
Ethical Considerations: In this method, ethical principles and scientific trustworthiness have been observed.
Results: The findings of the current research are based on the fact that some people are against any organ transplant from an animal that is forbidden to eat human beings, citing the impurity of the animal as forbidden meat and the principle of prohibition. Exclusion from masma, the impossibility of ghusl in all circumstances and the rule of emergency are used to agree to the transplant of an organ from a prohibited meat animal to a human.
Conclusion: In connection with the conclusion of this research, it seems that considering the genetic adjustments and the preparations that are currently being made from a medical point of view to accept this type of transplant, it is possible to accept this transplant in case of emergency, but if in the future, medical advances are such that all the bad effects of this type of transplant are eliminated, maybe it can be considered absolute.
Please cite this article as:
Jalilian M, Izadifard AA, Jahani AA. Jurisprudential-Legal Investigation of the Legitimacy of Transplanting an Organ from a Prohibited Meat Animal to a Human Being. Medical Law Journal. 2024; 18: e3.
Keywords: Organ Transplantation from Animal to Human, Genetic Modification, Prohibited Meat Animal, Impurity of the Eyes, The Principle of Abaha, The Principle of Prohibition
Type of Study: Original Article |
Received: 2023/07/14 | Accepted: 2023/11/18
Received: 2023/07/14 | Accepted: 2023/11/18
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