Human Organs Donation: A Comparative Study between the Saudi and Egyptian Systems

Abstract

Among the blessings of God Almighty, it has become possible to transfer an organ between human bodies, to continue performing the function for which it was created. This type of procedure would change a patient who is terminally ill to a person who can live the rest of his life in a normal way, free of the suffering and pain that he caused due to the damage of some organs and tissues in his body.
It is known that the transfer of human organs within the framework of what has been achieved by medical progress today, but from the perspective of positive law, falls within the newly developed facts that require legal codification to be familiar with the provisions related to them. This is what the Saudi regulator realized; It issued a human organ donation system. Hence, the importance of the research appears, as it deals with a new system in this regard issued in 1442 AH corresponding to 2021 AD.
The researcher concluded that the Saudi system and the Egyptian law were faced with the inevitability of seeking reconciliation and balancing the conflicting interests to achieve the public benefit, in a way that ensures the preservation of the special interests of the living donor, his family after his death, and the recipient (the donor) who hopes to be cured of his illness. This is something that will only be achieved by preserving the infallibility of the human body, criminalizing and prohibiting all kinds of aggression that may affect him, living or dead, and protecting his right to life, his right to physical integrity, the integrity of his physical structure, the proper functioning of his organic functions, and the dignity of his corpse.
In the end, several recommendations were presented regarding amending the Saudi human organ donation system, which would avoid the deficiencies stated in this system.