The legal and jurisprudential status of human organ trafficking

Abstract

Improving the quality of life, preserving the health of patients or the disabled, and reducing the exorbitant costs of treatment in some cases depends on the proper transplantation of the health organ on the other hand, but the challenging issue is how to present it for transplantation. In many countries, altruistic donation is recognized as a legitimate method of obtaining organs. The human relationship with his body parts is one of the topics that are addressed today in solving some new problems. Determining the type and scope of this relationship by examining the roots of the discussion in the jurisprudential texts will have a direct impact on some jurisprudential and legal issues, such as organ donation during and after life, as well as the issue of obtaining property by amputation of the organ. This study explains the essence of dealing with organs in Iranian law, including the basic conditions for the validity of the transaction, including taxes and ownership, the legality of the subject and direction, the type of hardware transaction and ... It also examines the treatment of body organs in the mirror of Imami jurisprudence, including Concepts of ownership and the right to control, their levels and types, reasons for the prohibition of amputation, and cases of permitting amputation