THE WILL OF HUMAN ORGANS AND ITS JURISPRUDENTIAL AND LEGAL POSITION (Quoted)
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 32 part 2, Pages 188-234
AbstractThe Iraqi legislator stipulated the will in the Iraqi Personal Status Law, where it was defined in Article (64) as an act in the estate added to the post-death requirement of ownership without compensation. There is also a jurisprudential dispute in which the use of the human organs of the deceased was permitted and transferred to the neighborhoods. From this dispute is the view of Islamic law of man and his honor, the human being is respectable alive or dead, and the Iraqi legislator provided a special law regulating the transfer of human organs, the law No. (85) of 1986, where the provisions of its articles referred to how to deal with human organs and legal sanction on whoever contravenes this law and its basis. The Iraqi legislator influenced by the humanitarian principles that seek to protect the human beings from the mechanisms of greed and seek to preserve the human being from humiliation. According to the importance of this work, the law has put a form concerned to express this work by the testator in expressing his will, as such formality may take several pictures including the commandment or written confirmation, and the purpose and purpose of the will of human organs must be for the purpose of saving the life of a patient by removing an organ from a dead body. If its purpose should be therapeutic, or scientific objectives to explore diseases that afflict human through anatomy and studying the body by the science of medicine. Besides the law has set conditions for the eradication of human organs, as there are organs may not be moved in Sharia and law either from the body of the deceased such as genital organs in order to prevent genealogical mixing. In addition, the will of human organs authorized by the jurisprudence and law provides vital organs to save many people who are close to death, which is carried out by the will of the organs, in his life or the permission of his relatives after his death, by eradication or the consent of his guardian.
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