موقف الفقه الإسلامي و القانون المقارن من موت الدماغ

Abstract EN

The criterion of brain death appeared in the medical arena, as a new criterion for determining the moment of death, accompanied by the emergence of an extensive debate on all levels: (medical, legal, and Sharia) regarding whether it is the end of a person's life or not, as opinion on this issue was divided into two directions: A medical, Sharia and legal trend, which concluded that when a person has reached this stage (brain death); He is a dead person, even if his heart is still beating, and his breath has not stopped, even though he is under the resuscitation devices.

Another trend, which does not confess or approve brain death as the end of life, for them it is an insufficient criterion in itself to judge a person with death and the paradox of life, which means that whoever reaches this stage is a living person who is not dead.

And each of the two opinions has his evidence and the basis that he clings to while he embraced and carried the banner of calling to it.