Jurisprudential-legal analysis of donating organs of those sentenced to death

Document Type : Original Article

Authors

• Elahe Sadeghi ¹
• zahra Fehreste ²

¹ Department of Jurisprudence and Principles of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

² Assistant Professor and Faculty Member of Azad University, Central Tehran Branch

Abstract

Nowadays, organ transplant is an inevitable necessity for patients who cannot be treated by other medical treatments. Nevertheless, it has become one of the major challenges of societies to find enough transplantable organs in order to bring patients back to society and their families. The attention of organ transplant experts and jurists has been drawn to finding new sources for organ donation, because of restrictions on member donors despite the increase in people in need of organ transplants. One of the most important resources of organ transplants is the organs of people sentenced to death. The present study aims to analyze the jurisprudential point of view regarding to the organ donation of those sentenced to death and retribution, by studying primary religious resources and regulations based on documentary method. This jurisprudential view emphasizes that the punishment for those sentenced to death and execution need not be the same. This view considers the execution and retribution of convicts possible by removing their vital organs under anesthesia. Donation of non-vital organs of people sentenced to retribution can also be considered as another source of providing organs for transplantation, if he obtains the consent of his parents. This donation can lead to discount of his punishment.

Keywords

• "؛ Organ donation"؛ Negative life sentences"؛ sentenced to death"؛
• "؛ Convicts sentenced to retribution"

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