CRIMINAL POLICY REGARDING THE RULES AND GUARANTEES RELATED TO HUMAN ORGAN TRANSPLANTATION: A COMPARATIVE ANALYTICAL STUDY
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Abstract
Human organ transplantation has emerged as a method of treatment, and in light of the current medical progress, legal systems have had to strive for reconciliation and balance between conflicting interests to achieve public benefit, in a way that guarantees the private interests of the living donor, his family after his death, and the recipient who hopes to recover from his illness. This will only be achieved by preserving the inviolability of the human body and criminalizing all types of assault that may affect it, whether alive or dead. This is evident in the criminal legislation plan, which is concerned with ensuring the necessary criminal protection for the sanctity of the body from tampering with what prevents it from being complete. Therefore, human organ transplantation operations are considered an exception to the principle of prohibiting disposal of the human body, and therefore it is not permissible to tamper with the human body except for health considerations. Human organ transplantation operations are considered legitimate cases of tampering with the human body, but on the condition that certain controls are available related to the necessity of these operations being subject to public order and the necessity of adhering to its conditions.
This research aims to clarify the controls and rules followed by the criminal policy in the processes of transferring and transplanting human organs. To demonstrate this, the research methodology followed the comparative analytical approach by presenting the provisions of Islamic jurisprudence and the Saudi and Egyptian systems regarding human organ transplantation.
The study reached several results, perhaps the most prominent of which is that the Saudi and Egyptian systems regulate the provisions of donation and will and criminalize the sale of organs.
At the end of the research, the researcher recommended that the Saudi system make a regulatory amendment to Article (5/4) by adding the word recipient (donee).
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