مبدأ المجانية في نقل بالأعضاء البشرية على ضوء الإباحة الشرعية و القانونية

الملخص EN

The Free Principle in the Transfer and Transplantation of Human Organs in Light of Sharia and Legal Permissibility" It is no secret to anyone what has become of modern scientific development, this development invaded various walks of life, including the field of medicine and biology, The transplantation and transplantation of human organs is one of the most important forms of this progress, which has called on Islamic law jurists to emulate it by monitoring a legal ruling for these operations, in parallel and legislative regulation of them, whether within the framework of international legislation or national or regional legislation.

The principle of gratuitousness in the transfer and transplantation of human organs is one of the most prominent principles on which this field is based, as most of the legislation regulating it has enacted requirements that oblige the actors in it to investigate free and not monetize this process, with the exception of the duties due from hospitalization operations, Rather, it served to criminalize trading and trade-offs in this midst.

In the course of this study, I tried to highlight the legal and legal legitimacy of human organ transplantation and transplantation.

It also monitored the general principles on which this field is based, as well as the protection that the various legislations gave to the principle of gratuitousness, whether within the framework of national legislation Or international.