Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Blood money in Xenotransplantation in the light of the principles of economic jurisprudence

Document Type : .

Author
Faculty Member, Department of Law, Kashan Branch, Islamic Azad University, Kashan, Iran.
10.22034/ejs.2022.339217.1225
Abstract
Background and Aim: There has been tremendous progress in the field of medical sciences in recent years. One of these developments is the issue of Xenotransplantation. The aim of the present study is that in cases of transplantation of an animal organ to a human being, if the organ is damaged after transplantation, is it possible to demand blood money?
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present study show that in the field of Fiqh, there are two approaches: title-oriented and intentional (or result-oriented) approach. Examining the Islamic Penal Code, we will find that the legislature has accepted the approach of later jurists, that is, the intentional approach.
Conclusion: The intentional approach in Fiqh, by appealing to basic principles such as the principle of correctness as well as the variable of efficiency, and also taking into account the necessities in the society, issues a license to receive diyat in cases of damage to animal organs transplanted to humans. In the light of this, the Islamic Penal Code is not designed to prohibit such a sentence; Rather, it has implicitly endorsed this ruling.
Keywords

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