Volume 8, Issue 31 (Winter 2014)                   MLJ 2014, 8(31): 149-190 | Back to browse issues page

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Alsharif M M, Mirshekari M H, Jalili M. Legality and contractual nature of organ transfer from a living human. MLJ. 2014; 8 (31) :149-190
URL: http://ijmedicallaw.ir/article-1-271-en.html
Abstract:  

One of issues, rising according to the development of medical science which has significant legal effects is the transplantation of organs. One of its major sorts is transplantation from a living person to another. The allowance of such a procedure by the legislator is doubtful. Iranian law contains only legislations about the taking organs from the cadavers. According to principle 167 of Iranian constitution, to resolve such problems is possible by referring to valid Islamic jurisprudence and known fatwas. No jurist allows the transplantation in the case of harming the health of the donor, however he would be willing to do so and the life of the receiver depends on the operation. Unless this very case, the Islamic jurists allow transplantation of organs. In the case of allowance, the contract in between is not to say absolutely a sale contract although according to the allowance of the sale of the cadaver, it is possible to allow the sale of cut organs also, since the cut organ is a property. Even if the sale of organs hit an ethical or religious obstacle, the transmission of the right of priority or an indefinite contract according to article 10 of the civil code could be used for this matter.

Type of Study: Review Article |
Received: 2014/08/11 | Accepted: 2014/11/14

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