نوع مقاله : پژوهشی
نویسندگان
1 دانشیار، گروه فقه و اصول، دانشگاه علوم اسلامی رضوی، مشهد، ایران. (نویسنده مسؤول)
2 مربی، گروه معارف اسلامی، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Today, the increasing growth of patients in need and applicants for organ transplants, on the one hand, and the shortage of organs and the competition created among patients to obtain the needed organs, have had consequences such as an increase in the rate of crimes such as human organ trafficking; Therefore, different societies have paid special attention to the legal donation and sale of organs in order to promote medical purposes and also to control the rate of the aforementioned crimes. Since in the legal system of our country, the will of an immature person is invalid without the guardians permission and the guardians feelings and emotions may prevent him from issuing his permission; Therefore, with the aim of clarifying the jurisprudence of this issue, this research has tried to investigate the viewpoints of the juridical parties in this regard with the descriptive-analytical method and library tools. A careful examination of the issue indicates that the will of a child ten years old and above to donate an organ is valid and does not require the permission of the guardian. This point of view has been accepted by famous jurists of Imamiyyah, Shafiiyyah, Malikiyyah and Hanbaliyyah, and it can be considered as a jurisprudential basis for proposing the amendment of the civil law along the same lines, and it helps to save the lives of Muslims, which is an obligatory duty, and also curbs the crime of trafficking in human body parts in the society.
کلیدواژهها [English]
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