The will to Donate Human Organs in the Human Organ Donation and Transplant Law in the Kurdistan Region - Iraq

Abstract

The issue of the will of human organs is one of the contemporary jurisprudential issues and the ancient jurisprudential heritage has not been exposed to it, neither from near nor from a far, but a group of contemporary jurisprudential books and research have been written regarding this issue and some of contemporary scholars permit and others prevent. To add, a set of international laws have been issued regulating the issue of the will of human organs, including: Law of Donation and Transplantation of Human Organs in Kurdistan – Iraq, This law dealt with the issue of the will of the human body through a set of legal articles and paragraphs related to this matter. In this research, the researcher tries to evaluate and compare these legal articles and paragraphs with Islamic jurisprudence regarding this subject. The research included two topics, we mentioned in the first topic: the definition of the will and donation in the law and its evaluation in Islamic jurisprudence. In the second topic: we illustrated the position of the law of the Kurdistan Region - Iraq regarding the commandment of the members of the human body and its evaluation in Islamic jurisprudence. In conclusion, the researcher reached a number of results and recommendations.