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

Author:Mohsen Dorrani - Abbas Taghvaee
Position:Department of Law, Bandar Abbas Branch, Islamic Azad University, Iran - Department of Islamic Teachings, Lahijan Branch, Islamic Azad University
Pages:376-383
SUMMARY

A question that most of jurists are faced with is, whether human blood is basically a property or not and is human the owner of his blood? Moreover, what is the difference between blood and other organs of the body from the viewpoint of ownership? If blood is a property, why human is not the owner? Unlike blood, there have been legal discussions on organ sale, where blood can be retrieved by the... (see full summary)

 
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Investigating possession of human blood as a property in Iran’s law
with regard to legal and Islamic jurisprudential commentaries on organ
transplant
Mohsen DORRANI
1
Abbas TAGHVAEE
2
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 owne r 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.
Keywords: 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
jurists.
1
M ohsen Dorrani - Department of Law, Bandar Abbas Branch, Islamic Az ad U niversity, Iran,
dorrani33@gmail.com
2
Abbas Taghvaee - Department of Islamic Teachings, Lahijan Branch, Islamic A zad University,
Lahijan, Iran, taghvaee.abbas@yahoo.com

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