Background and Objective: One of causes of suffering and challenging issues that raised many
questions in human body transplantation is the heirs right for legators organ transplantation when he or she
is dead or in brain death. On the other hand existing laws are silent or ambiguous in this matter and the way
of different and almost opposed interpretation made open by jurisconsults and lawyers.So some of them
made a comment that human being is the owner of his or her body and on the strength of this principal
heirs also have the ownership right as a successors for legators body as a part of inheritance and they
consider the successors ownership as the base of legators organs transplant right. Some of them consider
God as the owner of everything and just made a comment that the successors have just domination right. It
seems that the base of successors right for legators organ transplantation, ownership and their domination
for legators organs are not based on inheritance laws, because the inheritance laws are not dominant in this
matter and when It is nessecity for saving a Muslim soul and it is not available to get permission from
successors, transplantation is considered as a permissible matter. In this paper the descriptive – analytic
method is used.
Materials & Methods: In this article, descriptive analytical method is used. In this way, all the
available sources of study and content have been extracted and used in different parts of the article.
Results: The result of this article is that a person can take possession of his body parts and organs due
to the control he has over his body parts. The heirs have the same right in a limited way with respect to the
body parts of their heirs, although this right and control is not subject to the laws of inheritance. The
permission of the heirs is required for organ harvesting and transplantation, and this right has a legal basis.
Conclusion: The results showed that today many needy patients can continue their lives by receiving
and transplanting an organ from another person. The law on transplanting organs of deceased patients or
patients whose brain death is certain states that the organ transplant medical team can do this with the
permission of the heirs. In fact, the legislator has considered a right for the heirs. Regarding the nature and
basis of the right of the heirs, various theories have been presented in the matter of organ harvesting and
transplantation. The investigation shows that the heirs do not have the authority and rights as considered
for them in the discussion of inheritance, that the rules and regulations of inheritance in the property and
estate of the deceased do not apply to the body parts of the heir, and this right has a legal basis.