Document Type : Research Paper
Author
Assistant Professor of the Department of Private Law, Faculty of Law, University Of Qom
Abstract
Medical advancements and their rapid development have led to the discovery of unique cells and tissues that are sometimes crucial for saving patients' lives or preventing numerous diseases. The widespread use of these tissues by physicians and corporations in the U.S. legal system, along with the substantial profits derived from them, has resulted in numerous legal disputes. Judicial precedent in the U.S., while denying ownership of human tissues on one hand, focuses on obtaining informed consent from patients, seeking to balance individual interests with public welfare—an approach that continues to this day.
In contrast, Iranian law lacks any explicit regulations regarding tissue ownership. The author argues that the theory of "weak dominion" (سلطه ضعیف), establishing an individual's exclusive right over their human tissues, could serve as a comprehensive model consistent with Islamic jurisprudence (fiqh) and Iranian law, addressing current legal challenges. Among the implications of this theory are the invalidity of commercial transactions involving such tissues and the validity of compensated or non-compensated donations. Repeated donations remain permissible as long as they do not constitute commercial trade, while unauthorized use by others, including physicians, would be considered usurpation (غصب) and subject to its legal consequences.
Keywords
Main Subjects
)