sorour mirhashemi

Life is a divine blessing that has been bestowed upon all creatures.It begins with the integrationey the soul and comes to an end with the disintegration of there two elements.Brain dead is one of the controversial issues in contemprovy medicine and particularly in Islamic theology. As a result of technological advancement in medicine there is a possibility of donating and transplanting organs from the patient suffering brain death, before the signs of death are seen.Despite the many draw backs in defining brain death, in medicine the question raised among theologians is whether to consider the person suffering from brain death as dead or alive.In this article issues such as brain death, life and death, death from Quranic and traditional scientific, medicine and legal point of view have been taken under investigation. While providing answers to the above mentioned questions, it will explain how such issues are dealt with in gran, taking in to consideraticn the Islamic law and custom.

Man’s health and the protection of man’s life has been one of the serious concerns of medical science. Valuable services have been rendered to mankind in the field of medicine. In Islamic countries, inspite of existing religious laws; the legality of organ transplanting has been studied and at this time has been accepted.In this article different kinds of medical treatments through organ transplanting are addressed and its legality has been analyzed from a religious point of view. Also the buying, selling or donation of an organ or limb as a gift has been studied and it’s acceptance or rejection in different cases has been clarified with sufficient reason.

A natural feature of a human being is to wish to have descendants to continue his/her generation. As such this is considered as a kind of personal perfection.Today, scientific progress and development make the formation of human and animal embryos possible by ways other than the one known traditionally, i.e. intercourse. Artificial insemination comprises insemination outside the womb, which refers to the production of human beings outwardly, without intercourse, either in accordance or in conflict with religious moral laws. On the other hand, it comprises insemination within the human womb by way of plantation or insemination. Both are current issues that have been brought about by necessity ensued by the development and scientific upheaval of the present era.With respect to this development, the present paper probes into the different forms of fertilization and their status in view of Islamic jurisprudence. It examines and discusses the legitimacy of having a child by way of the interference of a third person as a donor of sperm, an ovum, or a womb, by drawing on the Quranic verses, prophetic Traditions, as well as jurisprudential principles and rules. Finally, it draws a conclusion from the viewpoint of an individual, and his/her personal condition of things, considering also the issue in view of the social and governing system.

rticle 319 of the Islamic criminal code of Iran, which has been based upon Islamic divine law, says: “Whenever a physician, although skillful and proficient in his treatments which are personally done or orders them to be done even with the permission of the patient or his parents, causes the death or disability or financial damages, will be liable.”But in paragraph 2 of Article 59 of the above-mentioned law it has been required that: “In any type of surgery or medical treatment, the permission of which has been given by the patient or his parents or guardians or any of their legal representatives, is not considered to be a criminal act, and in urgent circumstances obtaining consent is not necessary.”And in Article 60 it immediately adds the principle of exemption: “If a physician acquires permission before beginning treatment or surgery from the patient or his parent or guardian or the owner of the animal, he will not be legally liable for physical disabilities or financial damages and in emergency cases where obtaining permission is not possible nor will he be responsible for damages incurred. In this research all aspects of a physician’s responsibilities in relation to the patient are discussed drawing on great jurisprudents’ opinions as well as references in jurisprudence and law.