A Discussion on Brain Death in Fiqh and Law

Since in Islamic Fiqh life and death are of religious nature, being brain dead as passing the boundaries of being alive is of great importance. This essaytries to examine the subject of brain death, firstly, from a medical point of view, and then, from a legal and jurisprudential one. The view which is defended by the author is that brain death and vanishing of the soul are equal; a view which suggests the absolute death of a certain human being in the supplementary protocol to "Brain Death and Organ Transplantation Act".This attitude is based on the authority of certain custom on the matter, and the jurist's decision due to the specialist's view on equality of brain death and absolute, clinical death. Although religious orders concerning the dead body do not apply to the brain dead person unless the blood circulation ceases and the body turns cold, continuation of medication is not necessary anymore and presuming the emergency of the case, transplanting the organs is permitted.