Encyclopedia of Contemporary Jurisprudence

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Based on general principles of jurisprudential deduction, the applicability of legal rulings related to brain death—such as organ transplantation, continuation or cessation of medical treatment, liability for dīyah (blood money), and the performance of funeral rites—depends entirely on how the subject of brain death is identified.
Based on general principles of jurisprudential deduction, the applicability of legal rulings related to brain death—such as organ transplantation, continuation or cessation of medical treatment, liability for dīyah (blood money), and the performance of funeral rites—depends entirely on how the subject of brain death is identified.


== Position of the Issue in Contemporary Jurisprudence ==
Brain death is considered one of the emerging and controversial issues among contemporary jurists.<ref>Sotūdeh, *Brain Death; Juridical-Legal Processing*, p. 77.</ref> Given that emerging issues have no precedent in narrative and jurisprudential sources, jurists in these cases refer to laws and general jurisprudential principles to deduce their religious rulings.
From a jurisprudential perspective, the main question regarding brain-dead patients is whether these individuals are considered alive or have the ruling of the deceased. This matter is important in the permissibility or impermissibility of stopping therapeutic procedures and using supportive medical equipment. Also, clarifying the status of a brain-dead patient is very important due to its connection with the issue of organ transplantation; because if such individuals are considered alive, transplanting vital organs of the body such as the heart and liver is not permissible from a religious standpoint. Today, transplanting organs from brain-dead patients, given the activity of other organs of these patients, is highly regarded.
== Conceptualization ==
=== Brain Death from a Medical Perspective ===
=== Brain Death from a Medical Perspective ===
Brain death is the permanent cessation of brain functions such as controlling and regulating respiratory and cardiac activities.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, pp. 42, 83.</ref> In brain death, severe and serious damage is inflicted on the brain, and parts of the cerebrum and brain stem are destroyed.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, p. 42.</ref> In this state, blood supply to the brain is stopped, and oxygen does not reach it. Therefore, brain tissues die, and the brain loses all its functions; although other body organs such as the heart, lungs, and kidneys are active with the help of drugs and medical equipment, they will also cease functioning after a short period.<ref>See: Gūdarzī and Kiyānī, *Forensic Medicine*, pp. 42–43, 83–84.</ref>
Brain death refers to the permanent and irreversible cessation of all vital brain functions, including those responsible for regulating respiratory and cardiac activities.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, pp. 42, 83.</ref> In this condition, the brain sustains severe and extensive damage, resulting in the destruction of major parts of the cerebrum and the brain stem.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, p. 42.</ref> As blood circulation to the brain is completely halted and oxygen no longer reaches neural tissues, brain cells undergo irreversible death, and the brain loses all functional capacity. Although other organs of the body, such as the heart, lungs, and kidneys, may continue to function temporarily with the assistance of medications and medical devices, they will inevitably cease functioning after a short period.<ref>See: Gūdarzī and Kiyānī, *Forensic Medicine*, pp. 42–43, 83–84.</ref>


In brain death, given that brain tissues such as the cerebrum and brain stem die due to lack of oxygen, and there is no possibility of regeneration or transplantation, the probability of recovery for a brain-dead patient is very low, and such individuals will suffer certain death after a short period.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, p. 43.</ref> The difference between brain death and coma (unconsciousness) and vegetative state lies in this point; "coma" is a severe disturbance of consciousness, and there is a possibility of return to life in it; because in coma, the brain is still alive, and the patient breathes naturally; but in brain death, the brain is destroyed, and the probability of return to life is zero.<ref>See: Gūdarzī and Kiyānī, *Forensic Medicine*, p. 83; Ḥabībī, *Brain Death and Organ Transplantation*, pp. 42–43.</ref> In brain death, unlike the coma state, the brain stem dies, and there is no vegetative life either.<ref>Ḥabībī, *Brain Death and Organ Transplantation*, p. 43.</ref>
Given that brain tissues, including the cerebrum and brain stem, are irreversibly destroyed due to prolonged oxygen deprivation and that no possibility of regeneration or transplantation exists, the likelihood of recovery for a brain-dead patient is effectively nonexistent. Such patients will, from a medical standpoint, experience certain and definitive death within a short time.<ref>Gūdarzī and Kiyānī, *Forensic Medicine*, p. 43.</ref> The distinction between brain death and conditions such as coma or the vegetative state lies precisely at this point. Coma represents a severe disturbance of consciousness in which the brain remains alive and spontaneous breathing continues, making recovery possible in some cases. In contrast, in brain death the brain itself is destroyed, the brain stem has ceased functioning, and there is no possibility of return to life or persistence of vegetative life.<ref>See: Gūdarzī and Kiyānī, *Forensic Medicine*, p. 83; Ḥabībī, *Brain Death and Organ Transplantation*, pp. 42–43.</ref>


=== Death from the Perspective of Jurists ===
=== Death from the Perspective of Jurists ===
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