فهرست نشریات علمی دسترسی آزاد ایران

Background and Aims: Providing the patients’ needed organs through the organs removal and transplantation of sentenced to death has long faced serious moral and legal challenges. Approval of Article 47 of the Criminal Procedure Code in 2009 in which organs removal from sentenced to death has been allowed, provoked many objections and agreements. Some jurists have accepted it for various reasons under certain conditions. One of the most important of these conditions is the donner’s will or consent. However, other views such as permission with the sentenced parents’ consent and absolute permission and permission with the ruler’s authority have also been raised, which has caused problems. This study aims to assessing the jurisprudential feasibility of organs removal and transplantation from sentenced to death.Materials and methods: This article collects jurisprudential opinions and fatwas in a library manner and after stating the history of organ removal, critically examines the jurisprudential reasons of Pros and cons of organ removal from sentenced to death and also Article 47 of the Criminal Procedure Code and finally expresses the accepted view.Conclusion: Analyzing the reasons of Pros and cons of organ removal from sentenced to death, it emerged that opponents of organ removal have argued for reasons such as conflict with dignity and human rights, the sanctity of mutilation and the obligation to bury corpses. But these reasons can be rejected by relying on two principles: the important and more important conflict and the rule of urgency. Although those who believe in permitting organs removal have set conditions, among them permission with the deceased's will and sentenced parents’ consent - in the absence of a will - are preferred due to compliance with human property rights and the reign of the deceased’s parents..