The role and nature of permission for organ transplantation

In organ transplantation from dead body and who has brain death, according to law and some opinions, prior permission is necessary. If the nature of permission is ceremonial, organ transplantation without permission will be legal but if it is necessary by Sharia, it will be illegal. Also depend on the assumption of nature of permission, when relatives are pleased to announce the permission it essentially returns the prior consent of dead person and his wife/ her husband and other relatives are able to announce the consent. However, if relative's permission is independent, consent will be subject to religious province and will not be effective for another couple. Because there are different opinions and different principles, this paper examines the nature of the permission from different angles and its impact on the legal interpretation of existing law.