Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Organ donation of anencephalic children in Shia jurisprudence

Document Type : research

Authors
1 senior expert in family law, Department of Law, Khomeinishahr Branch, Islamic Azad University, Isfahan, Iran.
2 Assistant Professor, Department of Law, Khomeinishahr Branch, Islamic Azad University, Isfahan, Iran
3 PhD in Criminal Law and Criminology, Department of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
10.22034/ejs.2024.463186.1842
Abstract
Background and Aim: Anencephaly is a severe brain disorder that occurs due to defects in the neural canal and continues due to lack of closure at the end of the neural canal. Children with this disorder are without the front part of the brain and cerebral hemispheres and have a high level of cognitive and understanding disorders. These children are usually blind, deaf and have a lack of consciousness and do not feel pain. The purpose of this article is to examine the organ donation of anencephalic children in Shia jurisprudence.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that, in fact, anencephalic children are born without a brain and will experience a vegetative life from the very beginning of birth. In Shia jurisprudence, these children are comparable to brain-dead people. In the comparison between anencephalic children and brain-dead patients, it should be stated that in reality these children do not have brains have brains, but they are dead. Therefore, in the first way, the judgments of the brain dead are imposed on anencephalic children.
Conclusion: The result is that according to the emergency rule, parents' permission is not required for child organ donation even in some cases.
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