Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 329-345 |
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Jalilian M. Evaluation of the Jurisprudential-Legal Approach to the Conditions of Organ Transplantation from Animals to Humans with an
Emphasis on Medical Necessity. MLJ 2025; 19 (60) :329-345
URL: http://ijmedicallaw.ir/article-1-1846-en.html
URL: http://ijmedicallaw.ir/article-1-1846-en.html
Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Mazandaran University, Mazandaran, Iran.
Abstract:
Background and Aim: Organ transplantation from animals to humans has posed major jurisprudential and legal challenges for the future of transplantation sciences. Although, considering the advantages such as matching supply and demand in the field of organ transplantation, the long waiting period for receiving a transplanted organ, etc., medical necessities require that organ transplantation from animals to humans be performed, on the other hand, the risk of transmitting infectious and viral diseases from animals to humans and the refusal to accept an organ transplant from animals to humans are among the disadvantages of this type of transplantation.
Method: This study used a descriptive-analytical method.
Ethical Considerations: Honesty and trustworthiness have been observed in all stages of writing.
Results: The findings of the study show that, given that no specific laws have been passed in this area at the level of the domestic laws of the Islamic Republic of Iran and even the Ministry of Health, Treatment and Medical Education lacks specific guidelines and regulations, therefore, based on the principles of the Constitution, general jurisprudential standards should be referred to in this regard. In this regard, the main question is what is the jurisprudential and legal approach to the conditions of organ transplantation from animals to humans with regard to medical necessities?
Conclusion: The result of the research is that in the absence of established rules, it must be said that according to Imami jurisprudence, organ transplantation from animals to humans is not prohibited in emergency situations, except in cases where it involves corruption.
Please cite this article as:
Jalilian M. Evaluation of the Jurisprudential-Legal Approach to the Conditions of Organ Transplantation from Animals to Humans with an Emphasis on Medical Necessity. Medical Law Journal. 2025; 19: e22.
Method: This study used a descriptive-analytical method.
Ethical Considerations: Honesty and trustworthiness have been observed in all stages of writing.
Results: The findings of the study show that, given that no specific laws have been passed in this area at the level of the domestic laws of the Islamic Republic of Iran and even the Ministry of Health, Treatment and Medical Education lacks specific guidelines and regulations, therefore, based on the principles of the Constitution, general jurisprudential standards should be referred to in this regard. In this regard, the main question is what is the jurisprudential and legal approach to the conditions of organ transplantation from animals to humans with regard to medical necessities?
Conclusion: The result of the research is that in the absence of established rules, it must be said that according to Imami jurisprudence, organ transplantation from animals to humans is not prohibited in emergency situations, except in cases where it involves corruption.
Please cite this article as:
Jalilian M. Evaluation of the Jurisprudential-Legal Approach to the Conditions of Organ Transplantation from Animals to Humans with an Emphasis on Medical Necessity. Medical Law Journal. 2025; 19: e22.
Keywords: Organ Transplantation from Animals to Humans, Principle of Caution, Rule of Emergency, Rule of Taslit
Type of Study: Original Article |
Received: 2024/07/16 | Accepted: 2024/10/30
Received: 2024/07/16 | Accepted: 2024/10/30
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