Brain Death: Difference between revisions

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* '''Abstract'''
* '''Abstract'''


'''Brain Death''' is the irreversible cessation of brain activities. This issue is one of the emerging medical matters and from a jurisprudential perspective, it falls under the category of *masāʾil mustaḥdathah* (emerging issues). From a medical standpoint, brain death will lead to certain death in a short period; however, from a jurisprudential viewpoint, there is disagreement among jurists as to whether patients afflicted with brain death are alive or dead. This disagreement arises from the jurists' differences in determining and diagnosing the subject of brain death.
'''Brain Death''' (in persian: [[:fa:مرگ_مغزی|مرگ مغزی]]) is the irreversible cessation of brain activities. This issue is one of the emerging medical matters and from a jurisprudential perspective, it falls under the category of *masāʾil mustaḥdathah* (emerging issues). From a medical standpoint, brain death will lead to certain death in a short period; however, from a jurisprudential viewpoint, there is disagreement among jurists as to whether patients afflicted with brain death are alive or dead. This disagreement arises from the jurists' differences in determining and diagnosing the subject of brain death.


From the perspective of some contemporary *marājiʿ taqlīd* (sources of emulation) such as [[Muhammad Fazel Lankarani]] and [[Jawad Tabrizi]], the diagnosis of the common people is valid in determining the subject, and since the common people consider a brain-dead patient alive, from a jurisprudential standpoint, such a person has the ruling of a living person. A group of contemporary jurists such as [[Husayn Ali Montazeri|Ḥusayn-ʿAlī Montazerī]], [[Naser Makarem Shirazi|Nāṣer Makārem Shīrāzī]], and [[Husayn Nuri Hamadani|Ḥusayn Nūrī Hamadānī]] consider the criterion for determining whether brain-dead patients are alive or dead to be the diagnosis of the specific common (*ʿurf-e khāṣṣ*) (specialist physicians). According to the general rules of deduction, the application of all rulings related to brain death such as organ transplantation, continuation or cessation of treatment, *dīyah* (blood money) for organs, and equipping the deceased is contingent upon diagnosing the subject.
From the perspective of some contemporary *marājiʿ taqlīd* (sources of emulation) such as [[Muhammad Fazel Lankarani]] and [[Jawad Tabrizi]], the diagnosis of the common people is valid in determining the subject, and since the common people consider a brain-dead patient alive, from a jurisprudential standpoint, such a person has the ruling of a living person. A group of contemporary jurists such as [[Husayn Ali Montazeri|Ḥusayn-ʿAlī Montazerī]], [[Naser Makarem Shirazi|Nāṣer Makārem Shīrāzī]], and [[Husayn Nuri Hamadani|Ḥusayn Nūrī Hamadānī]] consider the criterion for determining whether brain-dead patients are alive or dead to be the diagnosis of the specific common (*ʿurf-e khāṣṣ*) (specialist physicians). According to the general rules of deduction, the application of all rulings related to brain death such as organ transplantation, continuation or cessation of treatment, *dīyah* (blood money) for organs, and equipping the deceased is contingent upon diagnosing the subject.