Exploring the basics of buying, selling, and donating human organs

Abstract

The theory of brain death and the issue of organ transplantation, in addition to being one of the issues that can be examined and analyzed in medical science, is also a very important and noteworthy issue in jurisprudence and law. This issue has been raised with great sensitivity, especially in jurisprudence, and the aforementioned issue is related to the physical integrity of individuals, and from a religious perspective, special importance has been given to humans and their physical integrity as the Caliph of Allah. This article aims to examine the principles of buying, selling, and donating human organs in a descriptive-analytical manner and using library and documentary resources. Based on the findings of the research and with reference to jurisprudential and legal sources, while criticizing and examining the arguments of those who believe in the sanctity and invalidity of buying and selling body organs, and considering the order of the rational benefit of organ transplantation, including saving human life or relieving human pain and suffering, which is itself a rational purpose, and considering the inclusion of generalities of the evidence of sale on the permissibility and validity of buying and selling objects that have rational benefits and purposes, the theory of permissibility and validity has been emphasized.