عملية نقل الأعضاء و الأنسجة البشرية بين الضرورة الطبية و مبدأ حرمة جسد الإنسان شرعا و قانونا

الملخص EN

The purpose of the study of this subject lies mainly in turning the spotlight on one of the thorny issues in society, which has been overlooked at all levels and enjoys sufficient discussion and organization, especially from the legal side, which led us to identify the fabrication of the reasons and motives behind this neglect of a sensitive issue such as the issue of the transfer of human organs, through the diver in various social and medical dimensions, with a focus on the religious and legal aspect in the framework of the study of a comparison through which we stand on the various opinions in favor and opposition to these processes, to this day, the shortcomings and imbalances that have made this subject strikingly absent in most positive laws, particularly Algerian law, which, unfortunately, continues to this day stand in the position of negative neutrality, which has been recorded through the extrapolation of the various texts enshrined within the Algerian legal system, which has led us to the conviction that there is some kind of legal reluctance to take a clear and clear position on this issue by merely clarifying some principles and ignoring details.