Investigating possession of human blood as a property in Iran's law with regard to legal and Islamic jurisprudential commentaries on organ transplant

AuthorMohsen Dorrani/Abbas Taghvaee
Investigating posses sion of human blood as a property in Iran’s law
with regard to legal and Islamic jurisprudential commentaries on organ
Abstrac t
A qu estion th at most of jurists are faced with is, wheth er human blo od is basical ly
a p roperty or not an d is hu man the own er of his b lood? Moreover, what is the difference
betwee n blood an d other organ s of the bo dy from the vie wpoint of owne rship? If blood is a
propert y, why human i s not th e owner? Unlik e blood, t here have bee n legal discu ssions on
organ sale, where blood can be retrieved by the b ody whi le segrega ted organ s are no t
retrieva ble by the bod y. Investiga ting various view s abou t ownership o f organs o f the bod y,
one can conclude t hat blood is a property o wned by human s.
Keyword s: organ transp lant, human bloo d, property , possession, prop rietorship o f
bloo d.
JEL Cla ssification: K11, K32
1. Introduction
Recently, with the accelerated flow of medicine on organ transplant and
blood transfusion, some issues are raised between jurists including:
Whether the blood is a property or not?
Can anyone imagine proprietorship for human blood?
If blood is a property, why human is not its owner?
It is evident that with accurate answers to the aforementioned questions,
the act of blood sale can be legalized under the legal forms of transaction.
Otherwise, the ongoing controversial debate of juridical-legal comments on the
sale of human organ will cause the undeniable fact of blood sale to remain legally
ambiguous. Concerning the legal and Islamic jurisprudential commentaries on
organ sale, the present article investigates property and proprietorship of human
blood with analysis of verses from the Holy Quran and viewpoints of different
M ohsen Dorrani - Department of Law, Bandar Abbas Branch, Islamic Az ad U niversity, Iran,
Abbas Taghvaee - Department of Islamic Teachings, Lahijan Branch, Islamic A zad University,
Lahijan, Iran,

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