The Theory of the Permissibility and Soundness of Buying and Selling Human Organs in Imāmī Jurisprudence

Document Type : Research Article

Authors

• seyyed abolghasem naghibi
• Zuhra Ḥājiyān Farvashānī

10.22067/fiqh.v0i0.8556

Abstract

Buying and selling human organs is among the newly-arisen jurisprudential issues, about which the Imāmī jurists have opted two theories in response to this issue. Some of them have regarded the situational decree of buying and selling human organs as invalidity according to the traditions comprising of the contents invalidating the purchase of dead animal and the consensus on it, and have viewed its impositive decree as prohibition. In contrast, another group have regarded this buying and selling as lawful and sound according to the generalities of the Qur’ānic verses and traditions. In this writing, while critically reviewing the arguments of those maintaining the prohibition and invalidity of buying and selling the body organs and with respect to deriving rational and lawful benefits from organ transplantation including saving the life of a person or relieving a person from pain and suffering, which is in itself rationally motivated, and in view of the inclusion of the generalities of sale contract (bay‘) evidences in the permissibility and soundness of buying and selling the objects that have rational benefits and motives, the permissibility and soundness of this theory is emphasized.

Keywords

• buying and selling
• body organs
• soundness
• invalidity
• rational benefit

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