Increasing growth of medicine and numerous issues in this field, without doubt requires legislation according to religious standards. Brain death and its juridical and legal challenges is one of the controversial issues in last decades due to development of new biomedical technologies. There is no doubt that, the necessity of recognizing the statute and rights of those who suffer from brain death need is cognition nature of brain death and its relation to real death. There are different opinions but chosen view is that, brain death occurs after its corruption and at this time spirit exits from body. The base of this view is the preference of special tradition in this matter and the jurist’s certainty of specialists’ agreement in the :::::::::::union::::::::::: of brain death and natural death. In this assumption, real dead statutes is preferred to brain dead statute, so he/she has no legal personality and competence and he/she is disqualified for protection. Therefore, absolutely his/her representation would be resolved. Nevertheless, dead regulation cannot be applied for him/her until the body gets cold completely. However, it is possible to remove the organs for transplantation with two assumption compulsion and permission of leader of Muslims (Imam).