The Nature of Brain Death and its Jurisprudential and Legal Effects

The author starts with the answer to the question whether brain death can be actually defined as death or not. The death issue is central in many of jurisprudential topics as inheritance, waiting term after divorce, retaliation, discharge of a representation contract, and permission of marriage to the widow of the brain dead deceased, and hence one withbrain death is potentially subject to above topics and their related rules. Today donating organs of the brain dead ones, even the major organs as heart and liver, is common in our hospitals, according to the brain death act ratified by Islamic Council Parliament. Yet, most of jurisprudents, including the Supreme Leader Ayatollah Khamenei, do notpermit to cut off the organs of the brain dead person, and some call it an act of murder which would call for retaliation. Furthermore, the guardian Council, being in charge of serving Islamic law in ratification of acts, rejected this act three times.Although it appears to be a new modern subject, some of its lines can be traced back in the works of past scholars. The author notes that the subject is a typically new one, which can be recognized by certain scholars, and he examines views.