Letter: Can Islamic Jurisprudence Justify Procurement of Transplantable Vital Organs

in Brain Death?


Mohamed Y. Rady, The Journal of Clinical Ethics 29, no. 2 (Summer): 162-3.       


In their article, “An International Legal Review of the Relationship between Brain Death and Organ Transplantation,” in The Journal of Clinical Ethics 29, no. 1, Aramesh, Arima, Gardiner, and Shah reported on diverse international legislative approaches for justifying procurement of transplantable vital organs in brain death. They stated, “In Islamic traditions in particular, the notion of unstable life is a way to justify organ donation from brain-dead patients that we believe has not been fully described previously in the literature.” This commentary queries the extent to which this concept is valid in accordance with the primary source of Islamic law, that is, the Quran.


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