The Jurisprudential and Legal Analysis of the Law of the Promise to Sell the Human Body Organs and Expressing the Challenges of Prescribing It in Islamic Denominations

The promise to sell the human body organs is a legal practice in which, a person, during his lifetime, promises to sell his body organs and receives a payment in accordance with the terms and conditions agreed upon. This paper, through attributive method, seeks to answer this question that “what is the decree of promising to sell the human body organs in the viewpoints of Shiite and Sunnite jurisprudents, and which solutions the advocates of prescribing this action should provide to the challenges ahead?” To answer this question, this paper examines the concept, context, and foundations of human ownership of organs and the promise to sell the human body organs, and then examines the opinions of jurisprudents to solve the objections raised by the opposition. Regarding the possibility of such transactions, some jurists have challenged the possibility of carrying out such obligatory acts such as organ transplantation, harassment, mutilation, and ultimately rejected such deals. In this paper, the opinions of Sunni jurisprudents have been accepted and solutions from the Sunni jurisprudents have been expressed to reject these challenges. As a general rule, promise to sell human body organs is permissible according to majority of jurisprudents of the Islamic denominations, but due to cases such as human dignity and the possibility of harmful injury, it is not possible to forcibly commit to fulfill the obligation in the event of violation of the provisions of the contract and it must inevitably be ordered to disengage Contract based on commitment.