Medical Figh

Background and Aim: Todays in medical treatment and surgical procedures, various components and residues of the human body—such as the umbilical cord, placenta, bone fragments, tissues, and amputated limbs—are invariably left over. From the perspective of modern medical science, these remnants hold significant scientific, research, medical, and even economic value for addressing human therapeutic and research needs, including the production of pharmaceuticals, bone powder, and dental products. On the other hand, the prevailing approach in Islamic jurisprudence and law acknowledges the principle of human dominion and relative ownership over one's own body, organs, and limbs, as well as their status as property. Given this, the central question is whether the disposal or utilization of the aforementioned biological waste by physicians and healthcare centers, without prior notification to and consent from the patient, can be considered an instance of the criminal offense of "wrongful acquisition of property."

Materials and Methods: The present study, employing authentic jurisprudential and legal sources and a descriptive-analytical method, investigates the legal impropriety of exploiting the aforementioned human residues under the stated premise, in order to arrive at an appropriate legal ruling.

Findings: The findings indicate that, on the one hand, advancements in modern medical knowledge have facilitated the utilization of patients' biological waste and have enhanced their financial value and economic worth. On the other hand, the prevailing jurisprudential-legal approach acknowledges the relative proprietary relationship and dominion of individuals over these bodily components. Consequently, the exploitation of such biological materials without prior notification and explicit permission from the patient can indeed be considered a case of the crime of "wrongful acquisition of property."

Conclusion: The failure of physicians to inform patients and to obtain their explicit consent for the use of usable biological waste constitutes a clear example of an unlawful means in fulfilling the actus reus (material element) of this crime, namely, the "acquisition of property."