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

Keywords

Related Articles

The authority of the contradictories as to reject a third verdict

One of the issues raised in jurisprudence is that two reasons are terminated if they are contradictory. However, as regards the rejection of a third verdict in concomitance with those two reasons: in case of its authorit...

Analysis of the Realm and Domain of the “Rule of Authority” Regarding the Human’s Authority over His Body Organs

With regard to the evidences of the rule, what is inferred from the Qur’an and the Tradition (sunna) about the matter of authority over possessions, is the impermissibility of other’s invasion of human self, which is tot...

The Principle of “Obligation for Dignifying Human Being” in Islamic Jurisprudence and Law

The inherent dignity is a Divine bounty from God to Man and since it is inherent and intrinsic in human nature, its dispossession is not possible. According to some of the noble verses of the Qur’ān, human dignity can be...

Analysis of the Legal Nature of Lease Documents

Among the important discourses in financial law are the issues related to financial institutions. Going through these issues are of considerable significance in Islamic law since the lawmaker prohibits specific types of...

The Role of Verity Proposition in Principles of Jurisprudence

The dynamism of the verity proposition has led to its being used in various issues and sciences as the founder for the general and constant principles. The principles of jurisprudence, as a science that is the founder fo...

Download PDF file
  • EP ID EP184525
  • DOI 10.22067/fiqh.v46i17.12463
  • Views 102
  • Downloads 0

How To Cite

MuḥAmmad Taqī Fakhla‘ī, Sayyid ‘Alī JabbāR GulbāGhī MāSūLa JabbāR GulbāGhī MāSūLa (2014). Examination of the Evidences for the Legitimacy of Buying and Selling Body Organs in Shī‘a Jurisprudence. فقه و اصول, 46(97), 141-164. https://europub.co.uk/articles/-A-184525