The Personal Status of a Cryopreserved Person from a Juridical-Legal Perspective (book)

Book Information
Author	Shahnaz Basirzadeh ● Sara Adibi
Style	Analytical
Language	Persian
Volumes	1
Pages	100
Publication Information
Publisher	Aria Danesh

Author: Ali Mohammadi

*Abstract

The Personal Status of a Cryopreserved Person from a Juridical-Legal Perspective is a Persian-language book by Shahnaz Basirzadeh and Sara Adibi that examines the jurisprudential and legal complexities of cryonics and recommends the drafting of new laws to regulate the legal status of individuals in a cryopreserved state. The authors describe cryopreservation as a method of preserving life through freezing, with the primary goal of delaying death and saving human lives through future medical advancements, not of resurrecting the dead.

The authors' main view is that a cryopreserved person should be considered alive, as modern medicine regards brain death as the only definitive sign of death. Thus, cryopreservation is an attempt to revive patients on the verge of certain death. Contrary to the view of opponents, they do not consider this act to be suicide. They argue that cryonics is neither an instance of casting oneself into peril (*tahlukah*) nor of harming oneself or others, but rather an act to save and revive human life.

The authors consider the evidence for the permissibility of cryopreservation—such as the verse of revival, the hadith of "no harm", and the judgment of reason—to be superior to the evidence for its prohibition. They state that even if the evidence for prohibition is accepted, in a conflict between the prohibition of cryopreservation (which leads to possible death) and the prohibition of refraining from it (which leads to certain death), there is no choice but to prefer the more important (saving a human life) over the less important (avoiding cryopreservation).

Finally, pointing to the scientific uncertainty about the possibility of a cryopreserved person's return to life, the authors emphasize the necessity of establishing new regulations for the personal status of such an individual, concerning issues such as inheritance, divorce, the waiting period (*'iddah*), maintenance, custody, debts, and blood money (*diyat*). They consider the legal status of a cryopreserved person to be similar to that of a missing person (*mafqud al-athar*) or a patient in a coma and believe that existing laws in these areas can be used for the personal status of such an individual.

Brief Introduction

The book *The Personal Status of a Cryopreserved Person from a Juridical-Legal Perspective*, written by Shahnaz Basirzadeh, an MA in private law, and Sara Adibi, an assistant professor and faculty member at Islamic Azad University, Bandar Abbas Branch, was published in 1397 SH in 100 pages by Aria Danesh Publications. This book, in the field of Medical Jurisprudence with a focus on the emerging rulings of human cryopreservation and its legal consequences in personal status, is written with an analytical approach and based on reliable religious and scientific sources.

The strengths of the book include: 1. An innovative approach, addressing a completely new topic in Iranian juridical-legal literature, 2. Rich citations from reliable sources, 3. Mastery of jurisprudential and usuli principles, and 4. A comparative study of the views of Shia and Sunni jurists. However, the titling of some sections is inappropriate, and the chapter structure sometimes does not align with the presented content.

Structure of the Book

The Personal Status of a Cryopreserved Person from a Juridical-Legal Perspective* is organized into three main parts:

* Part One: Cryopreservation

Preserving Life with Cryopreservation (pp. 9-11)

Definition of Cryonics and Its History (pp. 13-20)

Types of Freezing (pp. 21-26)

Different Classifications of Freezing (pp. 27-30)

The Freezing Method (pp. 31-34)

Institutions Active in the Field of Cryonics Worldwide (pp. 35-38)

Problems of Freezing (pp. 39-45)

* Part Two: Jurisprudential Discussions on Human Cryopreservation

Legal and Jurisprudential Discussions on Freezing and Revival (pp. 47-72)

The Ruling on Freezing from the Perspective of Jurists of Different Schools (pp. 73-82)

* Part Three: Personal Status

Personal Status of the Cryopreserved Person (pp. 83-90)

Conclusion (pp. 91-95).

Cryopreservation

In the first part of their work, the authors explain the concepts related to cryopreservation. This part consists of seven separate chapters, each examining a different aspect of this field.

Preserving Life with Cryopreservation

According to the authors, scientific advancements and humanity's desire for immortality have led medical researchers to propose methods for delaying death, including freezing the bodies of terminally ill patients with the aim of reviving them in the future. Companies active in this field believe that within the next 100 years, it will be possible to revive cryopreserved individuals and perform brain transplants. The main goal of cryopreservation is to preserve the individual's life, not to bring back the dead (p. 10).

Regarding the life status of a cryopreserved individual, two views exist: 1. Some consider them to be in a state similar to a coma and believe them to be alive. 2. Others, refuting the first view, argue that if a person is in a coma, their heart is active, meaning blood is pumping and circulating naturally or with the help of a machine. However, in a cryopreserved state, the heart, brain, and blood circulation are inactive. Therefore, from a medical perspective, such a person is considered deceased, and their personal status, including inheritance and divorce, is subject to the laws for a deceased person (pp. 10-11).

In the authors' belief, the first view, according to which such a person is considered alive, has more supporters in medical science. Although their body is frozen and there is no blood circulation, with the hope of their revival by medical science in the coming years, the rulings for a living person can be applied to them (p. 11).

Definition of Cryonics

In the second chapter, the authors state that Cryonics is a method of preserving humans or pets who are legally dead by freezing them at very low temperatures (-130°C) in the hope of reviving them in a technologically advanced future. According to them, in modern medicine, cardiac arrest alone is not indicative of definitive death, and only brain death is considered the final criterion for death. Therefore, the claim of scientists in this field is more understandable, as they still consider the cryopreserved person to be alive, and their goal is not to perform miracles or bring back the dead, but rather they see it as a life-saving technology similar to cardiopulmonary resuscitation (CPR) (p. 14).

In response to the question of what happens to the soul of a cryonics patient, the authors say: if the assumption is accepted that cryopreserved patients today are not dead, then the soul of the cryonics patient is in the same state as the soul of a person in a coma or under anesthesia (p. 15).

According to the authors' report, cryonics faces widespread opposition from those who either believe that death means the end of the soul, or believe that the body's cells are destroyed by freezing before reaching the target temperature. Some also doubt whether science will be able to overcome death in the future, or whether current science has the ability to safely preserve cryopreserved individuals until then (p. 18).

Types of Freezing

According to the authors, examining the types of freezing is important because each one can potentially be the basis for a new ruling. Therefore, a jurist must pay attention to them in the process of jurisprudential reasoning, even if some of them do not appear to affect the ruling (p. 22). In a general classification, six types of freezing can be mentioned: 1. Freezing a living or dead human, 2. Freezing a human or animal embryo, 3. Freezing a dead or living animal, 4. Freezing living or dead organs and tissues, and 5. Freezing a human or animal zygote (pp. 22-25).

Types of Freezing from a Jurisprudential Perspective

The authors believe that from a jurisprudential and religious perspective, human cryopreservation is possible in two states: 1. Freezing living individuals before actual death, and 2. Freezing after death. Freezing before death is tantamount to taking a human life, because the person, before natural death, is placed in a situation where their death is almost certain, and the probability of their return to life is considered hypothetical and negligible. Since the body's cells are destroyed by freezing before reaching the target temperature, and future science can hardly overcome death, no reasonable justification can be found for ending a living person's life in the hope of their possible revival in the future (pp. 25-26).

Also, freezing individuals after death is not religiously permissible, because after death is confirmed, burying the deceased is obligatory, and preserving the sanctity of a Muslim's body is inviolable except in cases of emergency. Injecting nitrogenous substances into the deceased's body with a vain hope, in addition to religious obstacles, has serious legal consequences such as issues of inheritance, the marital status of the spouse, and maintenance costs. Therefore, a will for cryopreservation after death is also considered contrary to religious rulings (p. 26).

Classification of Freezing According to Its Purpose

According to the authors, freezing can be done for various purposes and motives, including: 1. To keep the body intact (the person freezes their body simply so that it is not buried, decomposed, or cremated, and whether they are revived or not is not important to them), 2. To be revived again, 3. For suicide, 4. A desire to continue life in future years or centuries, 5. To escape the pain and suffering of an illness, etc., 6. For space exploration, 7. As a punishment for criminals, 8. To save a life, 9. To earn income, 10. As a prelude to treating an illness, 11. To use the cryopreserved for medical studies and research (p. 28).

Freezing Method and Active Institutions

The authors dedicate several pages of the book to explaining the specialized method of freezing, which has four main and important steps (pp. 32-34), and also mention the most important institutions active in the field of cryonics worldwide, including the Alcor Life Extension Foundation, the Cryonics Institute, the American Cryonics Society, TransTime, and KrioRus (pp. 36-38).

Custom and the Freezing of an Individual

From the perspective of custom (*'urf*), a cryopreserved person is considered dead due to the complete stoppage of the heart and lungs and the absence of any movement or sensation, and the rulings for the dead should be applied to them (p. 40). However, the authors consider this argument to be incorrect and emphasize that the determination of the subjects of religious rulings is not always the responsibility of custom. In cases such as freezing after cardiac arrest, the determination of death or life is the responsibility of specialists, and custom does not have the competence for this diagnosis. Death is a category in which there is no room for doubt, and its matter revolves between non-existence and existence. Therefore, it cannot be measured by a customary understanding but must be examined with scientific and rational precision (p. 41).

The authors further argue that even if we consider custom to be the criterion for determining subjects everywhere, a cryopreserved person cannot be correctly considered dead, because if they return to life, no one would call this "coming back to life after death," but it would be considered similar to waking up after sleep (p. 42). Furthermore, not only is there no clear custom in this regard, but custom itself is also in doubt (p. 43). Even if we accept that a specific custom exists for the death of such a person, this determination is of a lenient type that is not accepted in jurisprudence, and one must refer to the custom of the discerning (*'urf ahl al-diqqah*) (p. 42).

Jurisprudential Discussions on Human Cryopreservation

In the second part of the book, the authors examine the jurisprudential discussions on human cryopreservation and have organized its contents into two chapters: 1. Legal and Jurisprudential Discussions on Freezing and Revival, and 2. The Ruling on Freezing from the Perspective of Jurists of Different Schools.

The authors have examined and critiqued the evidence for the permissibility and impermissibility of Cryonics for individuals with terminal illnesses and those on the verge of death, and have analyzed the most important arguments for its approval and rejection (p. 48):

Arguments for the Impermissibility of Cryonics

The Verse of Peril: Based on verse 195 of Surah al-Baqarah ("and do not throw [yourselves] with your [own] hands into destruction"), undertaking actions that pose a mortal danger to a person is forbidden. Therefore, freezing the body, given that it may cause death, is subject to the same ruling (pp. 48-49). However, the authors do not agree with this argument. Given the various interpretations of the verse, a definitive citation is not possible. Also, in their belief, a patient who considers their death to be certain is seeking to escape from certain destruction by choosing cryonics, not to destroy themselves (p. 50). The authors argue that if a terminally ill patient forgoes cryopreservation, they have given up their only hope of treatment and, instead of the risk of possible death, have exposed themselves to certain death. Therefore, refraining from cryopreservation is also an instance of "casting oneself into peril" and is forbidden. In such a conflict between two prohibitions, the lesser prohibition (cryopreservation) must be chosen, and the greater prohibition (refraining from cryopreservation) must be abandoned (When two prohibitions conflict, it is obligatory to prefer the lesser and abandon the greater), because cryopreservation only has a possible risk of death, whereas refraining from it leads to certain death (p. 51).
Cryopreservation as an instance of Suicide: Another reason for the prohibition of cryopreservation, according to some, is that a terminally ill patient, by entrusting themselves to freezing devices, is in fact committing a form of suicide, as they are practically exposing themselves to death without any guarantee of returning to life. Based on Quran 4:29 and other religious evidence, suicide in any form is forbidden (pp. 51-52). However, in the authors' opinion, the terminally ill patient does not intend to die by submitting to cryopreservation; rather, they see this action as an attempt to preserve life and as their only way of salvation. In the view of custom, such an act is not considered suicide (p. 53).
Impermissibility of Harming oneself and others: Based on numerous narrations, harming oneself and others is forbidden. Therefore, freezing a terminally ill patient is considered as inflicting harm upon oneself and is deemed religiously forbidden. Also, the physician, by performing this act, has caused harm to the patient and would be subject to the above ruling (pp. 55-57). However, the authors of the book believe that cryopreservation is part of the treatment process and is for preserving the patient's life. Although it may be accompanied by harm, since this harm is probable, it is lesser compared to refraining from cryopreservation, which leads to certain death, and is therefore preferable (p. 59).
Entailment of abandoning obligations: Some believe that freezing a patient prevents the performance of important acts such as worship for a Muslim or guidance and salvation from fire for a non-Muslim, and is therefore forbidden. However, the authors, given that cryopreservation is performed after cardiac arrest and before brain death, argue that the patient in this state is practically unable to perform any action. Therefore, cryopreservation makes no difference in the possibility of performing these matters (p. 59).

Arguments for the Permissibility of Cryonics

The Verse of Revival: According to the authors' view and based on verse 32 of Surah al-Ma'idah ("and whoever saves one - it is as if he had saved all of mankind"), any effort to save a human life is considered "revival" (*ihya*). Therefore, if a terminally ill patient is on the verge of death and the only way to save them is cryopreservation, this action can be considered a revival of life. Just as in some narrations, feeding the hungry is also considered revival, saving a person from certain death through cryopreservation is, *a fortiori*, an instance of it, regardless of whether this salvation is probable and temporary (pp. 60-67).
The Hadith of "No Harm": According to the authors, the only way to treat a person with a terminal illness who is dying is to freeze them. Now, if freezing such patients is not prescribed, it means that the patient is prevented from being treated for their illness, and there is no doubt that the patient will be harmed by this, whereas no ruling is made in Islam in which the subject is harmed. Therefore, the permissibility of freezing must be ruled (p. 68).
The Judgment of Reason: In the authors' opinion, where a person's death is certain and there is no solution other than cryopreservation, sound reason dictates that the person should use the only remaining opportunity to escape death. Therefore, if this opportunity is not used, the person will be deserving of blame and reproach, because with cryopreservation, there was a possibility that the patient would return to their life (p. 69).
The precedence of the obligation to preserve life in conflict with other rulings, the permissibility of medical experiments in times of necessity, and the priority of the permissibility of cryopreservation over the permissibility of removing life-sustaining medical devices from a patient are other arguments for the permissibility of cryonics stated by the authors (pp. 70-72).

Finally, in their conclusion, the authors state that the strength of the arguments of the proponents of the permissibility of cryonics is greater than that of the opponents, because the arguments for permissibility have fewer problems compared to the arguments for prohibition. Furthermore, even if some arguments for prohibition are accepted, in a conflict between these arguments and the necessity of preserving the patient's life, there is no choice but to prefer the more important (saving a human life) over the less important (avoiding cryopreservation) (p. 84).

The Ruling on Freezing from the Perspective of Jurists of Different Schools

According to the authors' report, a group of jurists explicitly state the impermissibility of freezing a terminally ill patient, including Mohammad-Taqi Bahjat, Hossein Nouri Hamedani, Sayyid Ali al-Sistani, Sayyid Kamal al-Haydari, Lotfollah Safi Golpaygani, Sayyid Mohammad Ali Alavi Gorgani, as well as centers such as the Dar al-Ifta of Palestine and the Ifta Committee of Dubai (p. 81).

In some fatwas, the ruling of permissibility or impermissibility of freezing a terminally ill patient is mentioned with conditions and qualifications, including in the fatwas of Mohammad Ali Gerami, Mohammad Yaqubi, Yousef Sanei, Sayyid Mahmoud Hashemi Shahroudi, Sayyid Musa Shubayri Zanjani, and centers such as Dar al-Ifta of Egypt. Also, some jurists in their fatwas have used phrases such as "it is not free from objection," "it is a matter for consideration," and "it is religiously problematic"; jurists such as Naser Makarem Shirazi, Sayyid Abdolkarim Mousavi Ardebili, and Sayyid Sadiq Shirazi (p. 82).

Personal Status of the Cryopreserved Person

In the third part of the book, the authors, referring to the scientific uncertainty about the possibility of a cryopreserved person returning to life and given that this action is taken with personal awareness, emphasize the need to establish new laws to regulate their legal status. In their opinion, clear regulations must be drafted for issues such as divorce, the waiting period, inheritance, custody, maintenance, debts, and blood money for these individuals to address the existing jurisprudential and legal gaps (p. 92).

The authors continue their analysis by stating that a cryopreserved person, in terms of the uncertain status of their life or death, resembles someone in a coma or absent. Therefore, in regulating their personal status and legal issues, the laws related to missing persons or those in a coma can be used (p. 93).