Legal Controls for Transfer and Transplantation of Human Organs and Tissues in Sultanate of Oman- Reality and Hope
DOI:
https://doi.org/10.35246/jols.v37i2.545Keywords:
Transfer of Human Organs and Tissues, Omani Human Organs and Tissues Transportation and Transplantation Regulations, Eligibility for Organ Donation, Donation After DeathAbstract
This study ideals with the Omani legal regulations of transferring and transplanting human organs and tissues in light of the Minister of Health decree No. 179 on the year 2018. As the last update, article 27 in 2019 has prohibited conducting such operations unless permission from the Minister of Health is obtained. In the absence of a further law update until the completion of writing the research, we intend to analyze and study some of the current provisions for the transfer and transplantation of human organs and tissues, compared to the legislative trends of some related laws. To achieve this, we divided the study into three sections; the first section introduces the historical development of the legislator criminal policy in regulating the transferring and transplanting from the first enacted law of 1973 until 2022. In addition, we tend to explore the legal justifications that call for the legislator to pass a law on the transfer and transplantation of human organs. The second section addresses the provisions of donating organs and tissues from living people. We focused on the eligibility required for living organ donation and the extent to which it is permissible to obtain blood-producing cells from an underage child. The last section deals with relatives; consent and the permissibility of organ donation after death for those who have completed 15 years of age or are incapable and stipulated provisions for obtaining the organ from those sentenced to death while alive or from unidentified bodies. A law relating to the transfer and transplantation of human organs provides all the provisions for such operations. It stipulates special criminal penalties for violating some judgments.
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References
First: Books and Research:
i. His Eminence Sheikh Ahmed bin Hamad Al-Khalili, 2020, General Mufti of the Sultanate of Oman, Book of Medical Fatwas, prepared and arranged by Ruqayya Bint Nasser bin Khamis Al-Jashmiah, 1st Edition, Dar Al-Kalima Al-Tayyibeh, Muscat, Sultanate of Oman.
ii. Ibrahim Al-Hussein Ibrahim, Prof. Ahmed Jaber Badran, 2013, Transfer and Transplantation of Human Organs among Living People - A Comparative Study between Sharia and Law, Publisher, Center for Jurisprudence and Economic Studies, Encyclopedia of Contemporary Jurisprudence, 1st Edition, Cairo.
iii. Ahmed Fathi Sorour, 2002, Constitutional Criminal Law, 2nd Edition, Dar Al-Shorouk - Cairo.
iv. Jaber Mahjoub, 2017, on Eligibility Problems in Human Organ Transplants: A Comparative Study - Research published in the International Journal of Law - No. 20.
v. Hussam El Din Kamel Al Ahwany, 1975, Legal Problems Raised by Human Organ Transplants, A Comparative Study, Research published in the Journal of Legal and Economic Sciences, Ain Shams University, Volume 17, Issue 1.
vi. Ali Ahmed Saleh Al-Mahdawi and Youssef Muhammad Qasim Obeidat, 2012, (Participant, research entitled Transplantation and Transplantation of Human Organs in Emirati Law - A Critical Study Compared to Qatari and Egyptian Lawyers, Research published in the Journal of Law for Legal and Economic Research at the Faculty of Law, Alexandria University, first issue.
vii. Qazi Abdel-Aali, Hammadi Ibrahim, the provisions of transferring organs from the brain-dead between medical necessity and Sharia and legal controls, research published in Al-Shehab Journal, Volume 4, Number 3, Publisher, University of Martyr Hama Khidr Al-Wadi, Institute of Islamic Sciences.
viii. Muhammad Naeem Abd al-Salam Ibrahim Yassin, 1988, a paper entitled The Ruling of Organ Donation in the Light of Shari’a Rules and Medical Data, Journal of Law, Kuwait University, Volume 2, Number 3.
ix. Muhammad Al-Sayyid Al-Safi, 2011, Transfer of Organs from Those Convicted to Death in Life, Research published in the Journal of the Center for Islamic Research and Studies, Volume 7, Issue 19, Cairo University, Faculty of Dar Al Uloom.
x. Muhannad Nasser Al-Zoubi, Rola Nael Salama, 2014, The nature of the doctor's responsibility and commitment in the transfer and transplantation of human organs, an analytical study in the light of the provisions of Sharia and Jordanian law, research published in the Journal of Sharia and Law Studies, Volume 41, Issue 2.
xi. Tawfiq Al-Majali System, 2010, Legal Controls for the Legality of Human Benefit from Organs of Another Person, Study in the Light of the Law on Benefiting from Human Body Organs Issued in Jordan No. (23) of 1977 Amended by Law No. 23 of 2000, Research Published in Mutah Journal for Research and Studies, Human and Social Sciences Series , Volume Twenty-fifth, Issue Six.
xii. Encyclopedia of Health Legislation, 2020, Book Four, Legislation regulating the transfer and transplantation of human organs, second edition, issued by the Department of Health, Future Press, United Arab Emirates.
Second: Laws, Regulations and Decisions
i. Law No. 9 of 1973 on Practicing the Profession of Human Medicine and Dentistry.
ii. The Jordanian Human Body Organs Utilization Law No. 33 of 1977 and its amendments.
iii. The Law for Practicing the Profession of Human Medicine and Dentistry issued pursuant to Royal Decree No. 22 of 1996.
iv. Law No. (15) of 2015 regulating the transfer and transplantation of Qatari human organs.
v. Decree-Law No. (6) of 2017 regulating the transfer and cultivation of human organs.
vi. The Civil Transactions Law of the Sultanate of Oman promulgated by Royal Decree No. 29/2013
vii. Royal Decree No. 75 / 2019 regarding the practice of medicine and paramedical professions.
viii. Law No. 5 of 2010 regulating human organ transplantation for the Arab Republic of Egypt. Humanity amended by Law No. 142 of 2017
ix. The Child Law promulgated by Royal Decree No. 22 of 2014 - Sultanate of Oman.
x. Regulations for the transfer and transplantation of human organs and tissues in the Sultanate of Oman issued pursuant to Resolution No. 179 of 2018.
xi. Federal Law No. 5 of 2016 regarding the transfer and transplantation of human organs and tissues in the United Arab Emirates.
xii. Cabinet Resolution No. 25 of 2020 issuing the executive regulations for Federal Law No. 5 of 2016 regarding the transfer and transplantation of human organs and tissues in the United Arab Emirates.
xiii. Ministerial Resolution on the Diagnosis of Death Criteria in the Emirate of Abu Dhabi for the year 2017.
xiv. Ministerial Resolution No. 8 of 1994 regarding the rules for regulating human organ transplantation.
xv. Medical Error Compensation Fund Regulations issued by Ministerial Resolution No. 17/2004, Ministerial Resolution No. 142/2014 amending Medical Error Compensation Fund Regulations.
Third: Websites
i. An article published in the Oman newspaper on March 7, 2022. Available at:
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- 2023-01-04 (2)
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