A Jurisprudential Investigation of the Body Organ Trade

Progresses made in the medical sciences have led to the use of human body organs and the byproducts thereof in treating some of the complicated and hard-to-cure ailments. This newly emergent phenomenon has been the cause of discussions and debates in Shiite jurisprudence and law. The major question raised in jurisprudence and law concerns the legitimacy of the human body organs trade and leasing them to the other human beings, especially the Muslims and that is whether such a trade can be deemed permissible or not? This is a qualitative research done via library materials and books and articles. The present article sets an appropriate grounding upon which the foresaid question is put forth and the responses thereto will be searched from the perspective of the canonical texts and proofs. Basing their reasons on the verses and Narratives and consensuses, some jurisprudents have decreed that such a trade should be considered among the invalid recently-arisen issues. On the contrary, there are other jurisprudents that based on the generalities and the denotations derived from verses and Narratives and according to an intellectual merit of such sales and also by making use of inclusions and general topics opined in favor of such sales, have emphasized on the permissibility and the authenticity of purchasing and selling of profitable objects and the intellectually good outcomes of such trades. Taking into consideration the advances made in the medical sciences and the Shiite jurisprudence’s concordance with the useful scientific progresses and also according to the importance that is given to the improvement of the Muslims’ health statuses within Islamic communities, the current research paper supports the authenticity and permissibility of such a trade as opined by the proponent jurisprudents.