Body organ transplantation from animals to human beings is amongst the modern and novel issues in the medical science. The issue is of great importance in individuals and societies’ thoughts. Body organ transplantation which is the result of the progress in the medical sciences is amongst the new titles discussed by the jurisprudents under the title of the newly emerging issues. The body organ transplantation is as old as the mankind history. Search about this topic takes us back to two thousand years ago at which it was done for saving the human beings’ lives. In the Islamic territories, as well, the issue is very old. During the lifetime of the great apostle of Islam (may Allah bestow him and his sacred progeny with the best of His regards) and His Highness Imam Ali (PBUH), cases can be seen of the cut hands or ears that have been subjected to transplantation by the physicians. Due to the importance given to the rescuing of human beings’ lives and, on the other hand, the shortages in the number of the human donors, the physicians have thought about transplanting animals’ body organs into human beings. The transplantation of the body organs of the animals that are anatomically compatible with the human body but are considered inherently impure and unclean should be investigated from the jurisprudential perspectives. Legally, there is no explicit text about the legality or illegality of transplanting animals’ organs into humans. Therefore, according to the contents of the Act 167 of the constitution, a judge is obliged to refer to authentic Islamic resources or credible decrees for issuing a sentence about a case for which there is no verdict in the statutory provisions.
