مآخذ الخلاف المتعلقة بالقواعد الفقهية والمقاصدية في حکم الموت الدماغي

عنوان المقالة [English]

Controversies related to jurisprudence and intentional rules in the judgment of brain death.

المؤلفون [English]

Mr. Fahad Abdullah Ali Hajar .

Assistant Professor, Department of Fundamentals of Jurisprudence Faculty of Sharia and Fundamentals of Religion - King Khalid University.

المستخلص [English]

Abstract:

The weighting of jurisprudential rules in controversial issues (rules on brain death as a model)

Praise be to Allah, Lord of the Worlds, and prayers and peace be upon the best of all his creation, our Prophet Muhammad al-Hadi al-Amin, and on his family and companions, and guided by his guidance to the Day of Judgment,

 Many scientific research on brain death suffers from two issues, each leading to the other; the absence of vision, and the urgency of the results, and this research is a new excitement of the subject of brain death and when it can be considered a real death, a controversial issue between jurists on the one hand and between jurists and doctors on the other. , And there is still disagreement between them since its inception until today. Research seeks to reveal this through the weighting of jurisprudential rules. In other words, search the answer by weighing the rules of jurisprudence, for the following questions:

Is the case of cerebral death a question of death or a presumption of death? Is the dead brain a living soul or a dead soul? Knowledge of the legitimate rule of death of the brain is determined by many of the provisions of the legitimacy of the huge requirements, no doubt that his study is a service for all humanity and not only Muslims. In his study, I took an inductive, analytical, comparative, comparative approach. I stand at the sayings of the jurists through the jurisprudential rules and the specialists of the doctors. They mentioned the rule and its meaning in short, without the implications of that. In addition, I committed myself to a systematic approach in the research of putting all the medical information collected under the umbrella of Shari'ah scales and jurisprudential rules, and knowing the extent of their approval or violation of them. And the death of the brain is doubtful as a real death, and that the origin in the patient's life, remains on this origin until it is determined to disappear, and that the condition of the patient before the death of the brain Agreed upon as a living in it comes the rule of life to this situation in which he disagreed. In addition to the fact that the sanctity of the dead human brain requires reserve for his life, so that his life as achieved. The most important recommendations of the research: intensification of research and studies on this fall in both the medical and jurisprudential aspects. And the study of the jurisprudential implications of brain death from raising the organs of intensive care, transference of organs and other effects and the implications of saying that brain death, a study of jurisprudence, extensive comparison. Laws and legislations that depend on the work of the scientific researches, the decisions of the jurisprudential councils, and the legislative committees regarding brain death, especially since many Muslim countries lack such laws. Also, set specific and clear rules and conditions in the diagnosis of brain death Various international medical schools to human life as a hedge.

الکلمات الرئيسية [English]

(Legislative committees) (Stroke) (Kut al-Baqar) (Medical schools) (Human life) (Fiqh councils)