موت الدماغ في ضوء القواعد الشرعية و الاجتهادات الفقهية

Abstract EN

The Jurisprudential collections have tackled the symptoms by means ofwhich man is considered dead.

Due to the scientific progress in the medicalfield, another concept of death has been emerged.

This new concept is the -46-permanent damage of brain that leads to permanent dysfunction of the brainincluding the functions of brain stem.

This new concept necessitates investigating this issue in the field of jurisprudenceto decide to what extent this new definition will be accepted orrejected.

This study is an attempt to extract the effective cause of this issueby relying on the jurisprudential maxims and the jurisprudential independentreasoning that have been endorsed by the Islamic jurisprudence.

The study has taken the concept of life and death, as conceived by Muslimjurisprudents and the scholars of Islamic theology, as the point of departure togather the legal information.

It also has made use of the jurisprudential detailsrelated to the subject and looked at the final stage of human life which resemblesa slaughtered person's final moments when there will be no eyesight, speech nor voluntary movement.

The study has linked between the legal informationand the medical information which stipulates the ence of anyelectrical activity in the brain cells and the ence of all the reflex actionsincluding the reflex actions from the spinal cord in order that the brain deathtake place.

The study has concluded that the new concept can be accepted and adoptedfrom the Islamic law perspective.