موت الدماغ وآثاره: دراسة فقهية طبية

Abstract

يركز هذا البحث على تحديد مفهوم نهاية الحياة الانسانية في الاسلام، وذلك بتوضيح المعايير الطبية والفقهية للوفاة الدماغية، وبيان أهم الآثار الفقهية المترتبة عن الموت الدماغي من خلال تجسيد أهم أحكامه في رفع أجهزة الانعاش وزراعة الأعضاء. Introduction: Brain death is one of the significant concerns in medicine, which led to differences about the nature of the practice taken around it. The most important of which is: determining the time of ending a human’s life. The latter opened the horizons for several scientific research and discussions such as those in the science of organ transplantation, and the cessation of artificial resuscitation devices. The significance of this study lies in the need for more studies that investigate this contemporary issue, which represents one concern caused by medical progress in determining the end of human life. The study also explores several issues in determining the moment of death, and the subsequent fateful decisions in intensive care units. The problem of the study: What is the concept of brain death? What are its juridical implications? Methods: The inductive approach: collecting medical information from its sources, tracking sources of Islamic jurisprudence and investigating the jurisprudential opinions of ancient and contemporary jurists. Descriptive approach: capturing and presenting the statements of the fuqaha in the controversial matter and identifying the cause of the juridical rule around brain death. Analytical approach: Analysis of the medical phenomenon of brain death, jurisprudential texts and opinions. Comparative approach: Comparing the juridical opinions in the judgment of brain death, and some issues in organ transplantation and resuscitation devices. Study plan: The dissertation includes introduction, three chapters and a conclusion. Introduction Chapter1: Brain Death between The Medical and Juristic Conceptualization. Chapter2: Transplantation of organs from the brain dead. Chapter 3: Resuscitation devices and the identification of the juridical rule around the cessation of these devices in brain death cases. Conclusion: findings and recommendations. Study results: Brain death is not the end of human life until the heart, breathing, and circulation stop working, because there is no certainty that the soul is out of the body. It is not permissible to take organs from the brain dead, because it is not possible to compare the case to real death in the construction of the juristic rule. It is not permissible to stop resuscitation devices from the deceased, because they are the source keeping them alive, and the suspension leads to great evils, which is the loss of an infallible soul.