Examination of the Evidences for the Legitimacy of Buying and Selling Body Organs in Shī‘a Jurisprudence
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 97
Abstract
Following developments in medical sciences and humankind’s acquiring new technologies, which provided using body organs and their products for the treatment of some illnesses, some legal questions were little by little set forth in this respect, including buying and selling body organs. Raising this question and answering it is the important task that the present writing is intended to handle in a fundamental-theoretical research, with a descriptive-analytical method in the expanse of Shī‘a jurisprudence and with the use of inference sources. Finally, after explaining the subject in question, observing the existing viewpoints, and examining the evidences of each viewpoint, it is concluded that buying and selling body organs has obligatory and conventional legitimacy and there are no sufficient evidences for the unlawfulness, invalidity, falsehood of this category of transactions.
Authors and Affiliations
MuḥAmmad Taqī Fakhla‘ī, Sayyid ‘Alī JabbāR GulbāGhī MāSūLa JabbāR GulbāGhī MāSūLa
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