Iranian Journal of Surgery

Organ Transplant Perpetrator and Victim of a Crime According to Jurisprudence and the Islamic Penal Code of 2012

Authors

F Jafari 1
SS Kazemi 2
H Chegini 3

1 Assistant Professor, Department of Law, Faculty of Literature, Bu Ali Sina University

2 Associate Professor of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

3 Assistant Professor, Department of Law, Faculty of Literature, Malayer University

Abstract
Introduction & Objective: With the many advances that have taken place in the field of surgery and the possibility of transplanting organs in recent years, an important issue has been raised in the field of punishments such as limb retribution and also the punishment of limb amputation in the case of robbery with the limit of Had or Moharebeh, whether the victim can transplant the limb after the crime has occurred. Make it a crime? It is also for the perpetrator, does he have the possibility and permission to replace the severed limb after execution of retribution or amputation? Materials & Methods: With the aim of obtaining answers to the above questions, the present research seeks to provide appropriate answers to the challenges that arise in the jurisprudence surrounding the issue by searching in various jurisprudential and legal sources. Results: From the point of view of medicine, organ transplantation can be applied in several ways, human to human, animal to human, and corpse to human. From the point of view of jurisprudential sources, there is no strong reason or reference to reject these actions, and each of the jurists have presented different opinions in this regard, but the famous jurists have given permission to organ transplantation in the above cases. Conclusions: Organ transplantation is one of the valuable services that have been achieved for mankind in the shadow of the advances in medical science. In addition to these achievements, it is necessary that the jurisprudential and legal aspects of organ transplantation are explicitly legislated so that people in the society can benefit from such measures in order to treat and save their lives.

Keywords

Punishment
Organ Transplantation
Victim
Perpetrator
Execution
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Iranian Journal of Surgery
Volume 31, Winter
Winter 2024
Pages 81-93

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