Brain Death According to the Sunni Jurisprudence

Background: Brain death is a new medical term that appeared in the second half of the 20th century. Some research about it has already conducted in law, but no academic research in this field from the Sunni jurisprudents point of view. Methods: Because this is a theoretical study in theology, our primary research method is library research. Results: There are different opinions about brain death in Sunni jurisprudence, which can be divided into three groups of supporters, opponents, and neutrals. Some jurisprudents do not recognize brain death due to their respect for the human soul. According to principles such as asceticism and the observance of the custom of the universe, the death of patients with brain death is not certain, and subsequently, it is not allowed to separate assist devices from the patient and the perception of their members. However, the second group, considering the lack of human life and according to the theory of medical commission, which is the same convention, brain death is considered to be a definite death, so it is allowed to separate the assist devices from the patient and the withdrawal of its members. The neutrals consider brain death as one of the examples of definitive death, but for some jurisprudential rulings, legal rights are not considered in the death sentence. Conclusion: The brain death is the complete cessation of the activities of the brain, including the brain stem and cortex. By diagnosis and announcing the brain death, the patient is considered as a dead body regardless of lungs and heart function even with the help of a resuscitator. It seems the reasons of the supporters of brain death are favorable. So the resuscitator should be separated from the patient with brain death.