This study aims to identify the legal controls for the transfer and transplantation of human organs
and tissues in the Sultanate of Oman. In addition to determining the civil and penal liability
resulting from the violation of these controls. The study adopted a comparative descriptive
analytical approach. Referred to the opinions of jurists, legal texts and their analysis, and the
comparison between the texts of Omani law and Egyptian law and other comparative legislation.
The study referred to a set of results, the most important of which are: The legality of organ
transfers and transplants is based on three theories. The theories are the theory of necessity, the
theory of reason, and the theory of social interest. The legislator set a set of general legal controls
for the legitimacy of these operations, including the donor's satisfaction, the donor's eligibility, the
availability of the case of necessity, and the process not conflicting with the public order. On the
other hand, the legislator prohibited these operations in the event that they are for a non-therapeutic
purpose, in the event that the tissue or organ required to be transferred and transplanted has been
obtained for a fee in any form, or in the event that it has been purchased for material or in-kind
consideration. These operations entail civil liability in the event of damage resulting from a
medical error, while criminal liability is established in the event of violation of the legal controls
governing these operations, such as using organs obtained through the sale of goods or causing
permanent disability or death. The study recommends the development of a special for organizing
the transfer and transplantation of human organs and tissues.