أحكام نقل الأعضاء من الميت دماغيا: بين الضرورة الطبية والضوابط الشرعية والقانونية

الملخص EN

This research deals with the subject of the transfer and transplantation of the organs of a brain-dead person.

Can this case be considered a real death for a human being and all the provisions of death laid down by law and Sharia apply to him? Indeed, doctors see that brain damage and its cessation of functioning completely are defined as a complete cessation and irreversible.

As a result, he is considered to be a definitive death even if there were some organs that remained alive by the defibrillators.Knowing that this period is seen as the best time to transplant the vital organs to live from a brain dead to a patient that he needs.

From there, it was necessary to detect this medical tragedy and to know the opinions of Sharia theologians and the Algerian law about it.

To do this, this research has been divided into two themes.

The first spoke of the truth about brain death and organ transplantation.

As for the second theme, it deals with the provisions that are set by the Sharia and the law for the transplantation of the organs of a brain-dead person.

As a result, this presentation is closed with a conclusion with the most important results concluded and some recommendations that the researcher sees as the need to apply them.