نقل وزرع الأعضاء البشرية: بين الإباحة والمنع في الفقه الإسلامي والتشريع الجزائري

Abstract EN

The scientific development in the medical field led to the emergence of transfers and transplantation of human organs from the dead to the living or from the living to the living.

For this reason, modern Islamic jurisprudence is divided into two parts, the first prohibiting this process and the second permitting it, but with conditions, and each opinion has its own arguments.

The Algerian legislator also authorized these operations for the first time with the issuance of the 1985 Health Law, which was repealed by Law 18/11It has permitted the transfer and transplantation of human organs from the dead body to the living person or from the living to the living, but with conditions either for the operation or for the organ donor or recipient, and has also established bodies concerned with the organization of these operations and fused over their control.