التصرف في الأعضاء البشرية : دراسة فقهية مقارنة

Abstract EN

I divided this research entitled (disposing of human organs - a comparative jurisprudential study) into an introduction, an introductory study, two papers, a conclusion, and an indexes: In the introductory topic: I shed light on the definition of behavior, its types, and aspects of behavior that occur on human organs.

Explaining the difference between the types of this behavior, as I was exposed to the definition of human organs and their types with their various considerations, and I concluded this study by talking about the divine honor for the human being alive and dead, with an explanation of the most important images of this honor, which indicate the greatness of Islamic law.

In the first topic: I talked about the ruling on selling human organs in Islamic law, whether they are renewable or not, with the statements of jurists and scholars on this issue presented and discussed, and concluded with a weighted opinion on each of them, with an explanation of the reason for the weighting.

In the second topic: I mentioned the opinions of scholars and jurists on the issue of donating human organs, whether this donation was from the same person during his lifetime, or it was from his heirs and his guardian after his death, with a discussion of these opinions and comparison with them, and concluding with a preponderant opinion on this issue, with an explanation of the reason Weighting.

The researcher concluded by honoring the Islamic Sharia for the human being in all its parts, whether he is alive or dead, Muslim or non-Muslim, and it is not permissible to trade in it by buying and selling, except in what is stated in a text that it is permissible to enter into a contract of rent for him, such as selling human milk.

The researcher also concluded that it is permissible to donate human organs from the same person during his lifetime, or through his heirs and his guardian after his death.

Provided that it does not violate a legal text, or a principle of Islamic law.