Interaction of the Principles of Jurisprudence and Ethics in the Organ Transplantation

Today, the development of medical knowledge has caused issues such as organ transplantation in the field of Islamic studies. Therefore, it is important to examine such issues because of the explanation of its moral and legal legitimacy. Although several opinions have been presented by various scholars in this field, different aspects of the issue and its specific complexities have contradicted their views on this issue. Juridical and ethical foundations and the confrontation of these foundations have led to the emergence of different and sometimes contradictory principles in this field. According to some principles, including monarchy and types of property, the jurists gave permission to transplant organs. On the other hand, ethics scholars also seek to deny the possession of human beings in their organs, using principles such as trust and absolute authority of God. The aim of the present study was to examine the interaction of the principles of jurisprudence and ethics in the organ transplantation. Organ transplantation is a product of new science and it has good results for human life. Any delimitation to actions such as the organ transplantation by Islamic jurisprudence or other divine religions is based on the preservation of human moral rights. There is a difference between the jurists and the religious scholars in recognizing that whether organ transplantation undermine the rights of individuals, but the existence of delimitation is essential for the continuity of ethical life. In general, the use of organ transplantation is legitimate and permissible according to the principle of expediency and necessity, as well as principles such as monarchy and trust