Legal Framework for post-mortem donation – A Comparative study

Abstract

Islamic law is concerned with human interests, namely, the preservation of religion, soul, mind, presentation and money, and the prevention of anything that disturbs or attacks the functions of the human body, and this represents the goal of the law, which also prevents the attack on the human body, whatever the type of abuse, while allowing all that would protect the human body to achieve its desired goal of survival and enjoying its physical integrity.

Such as caring for the survival of the human being and enjoying a correct body, is the possibility of transferring the organ or human tissue.  From the dead to the neighborhood as soon as he dies as long as he expresses his desire and consent to this donation, as he may want to save a patient from death or want to provide a scientific service to the human community to donate his body for scientific and medical purposes.

And, in order for his donation to be valid and sound legally and medically, his donation must be surrounded by general conditions required by the general rules of the contract as a legal act as well as the availability of special conditions for the donation process to ensure the achievement of its results, the death of the donor must be achieved and be subject to general conditions required in the contract as a legal act as well as the availability of special conditions for the donation process to ensure the achievement of its results, the death of the donor must be achieved and be met by the general conditions of the contract. His donation is free and free of charge, and he donates for humanitarian purposes such as saving a patient from death, and the possibility of donating human organs is restricted by the prohibition of sexual organ donation.