per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
11
24
article
Human cloning from view point of ethics and Fiqh
Seyyed Mostafa Mohaghegh Damad
mdamad@ias.ac.ir
1
There was a time that human’s main philosophic question was such as“ what is Human? What is the purpose of Humans creation? Where would humans go?” but the question that humans face today and the question that calls the scholars respond is “How shall we live? The scholars around the world allow themselves to answer this question but each one from a different aspect, that is because in todays world knowledge has such diversity and plurality that each part of it is responsible to meet a special part of humans in this life, that is why the further philosophies (the branches of philosophy, which are connected to the main body of philosophy), are raised. Humans today’s thoughts is not just attempting to consider the “principle of nature of existence” as the traditional philosophers do, he/she considers the existent instead of the existence, he/she has separated it to a few parts and has focused on the human part of the subject, specially the material part. In the modern word the human has took his eyes off the sky and has stared at the ground, and instead of ethics and politics and mysticism, he talks about further philosophies and that is how he presents a new concept for humans and new principles for his manners and his behavior. Bioethics is one of the issues of further philosophies, issues which adjust the relationship between human biology and technology to bring order the dos and don’ts in this regard. It has been more than tow decades that bioethics has entered the fields of philosophy, theology, medicine, law, sociology and politics and it has had interdisciplinary activities. Human cloning is one of the issues of bioethics which has a philosophic, verbal, legal and juridical aspect. because human cloning has questioned the issue of personhood or substantiality of the human produced by technology , professionals are still not able to bring this concept to reality and it has made a philosophical crisis and has somehow involved scholars of other fields. Therefore the scholars of religion are also challenged to accept or deny the issue. Thus, the questions are as below:
Are humans allowed to interfere in creation of humankind which is gods will?
Are these actions religiously lawful or unlawful?
Are these actions justified from the view of ethics or not?
Is the human being produced by human cloning is similar as regular humans and the same legal effect is would be applied on him or not?
Do these actions conflict with preserving the Human’s munificence?
http://ijmedicallaw.ir/article-1-429-en.pdf
Bioethics
Human Genome
Catholic Church
Permissiveness principle
Human munificence
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
25
74
article
The approach of International Law to the human cloning
Houman Movasagh
medlaw2008@yahoo.com
1
Bioethics has made an amazing progress since the half of the past half-century and it has increasingly disclosed the details of the body and the mind’s function. On the one hand, these progresses are promising in development in treatment and human pains and on the other hand they raise considerations about how to use and the application of this science, the science and the knowledge which is useful in treatment and can be used in non-medical purposes, including improvement of the humankind or even to change the human’s nature. Furthermore these changes will be transferred from one generation to another. The opportunity and the crisis hidden under this progress, has attract many attention. It has been years that the bioethics’ conceptshas been considered in different references and cliques and has increasingly attracted the public’s attention. Human cloning is one of the remarkable concepts of biological science and the ethical, philosophic and religious aspects of it have been considered. In the present study, the issue of Human Cloning will be investigated from the International Law point of view.
http://ijmedicallaw.ir/article-1-430-en.pdf
cloning
Biological sciences
International Law
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
75
94
article
The position of bioethics in International Bioethics
Farshid Sarfaraz
medlaw2008@yahoo.com
1
Fereydun Sarfaraz
2
In the present study, effort has been made to represent a definition of Bioethics and to explain the relationship between Bioethics and Human Rights. Some believe that Bioethics is completely in accordance with Human Rights and there is basically no substantive difference between these concepts. On the other hand, some criticize the Human Rights and they believe that it follows the government policy and the governments manipulate the human rights. More than that, whilst trying to answer these critics, some of the codes in important and primary Documents of Human Rights related to Medical Ethics will be considered and human dignity as the interface of Bioethics and Humans Rights will be considered. In the last part, some of recent International documents and declarations which stress on the relationship of these two concepts and implementation of Human Rights regulations in biology and medicine will be reviewed. In the end according to the discussed issues, this result was obtained that the necessity of medical ethics being universal and its direct relationship with existence of human’s existence and dignity demands consideration within the universal documents and standards of Human Rights.
http://ijmedicallaw.ir/article-1-431-en.pdf
Medical Ethics
Human dignity
Human Rights
Human genome
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
95
112
article
Human’s munificence in light of International Biomedical Law
Roberto Anderno
medlaw2008@yahoo.com
1
Mohammad-jafar Saed
2
Human’s munificence is one of the important concepts of Human right which is a character of Humans. In fact this concept is a human feature and it is particularly for humans and no bond would constrain it and no condition would limit it. Although this human feature has been with humans from the beginning of his life and has always been considered in his ethical and religious thoughts, this matter was considered scientifically and with a thoughtful view after preparation and approval of Declaration of Human Rights 1948. Nowadays this concept has become universal and it has such an importance that no human action cannot be done but with the considering and approval of this concept. Thus, nowadays, Human’s munificence is considered as the natural heritage of humans and the basis of human’s creation and all of human approaches have to be congruous with it. On the other hand, Medical ethics and Bioethics with the ground of ethics in medicine and human biology (and even animal and environmental)is one of the concepts which has considered the promotion of humans and physical and mental health of humans and therefore it has a close relationship with the concept of Human’s munificence. That it why he/she has considered this human feature and he/she recommend others to pay attention to this matter. On the other hand, since this concept is a human feature it has no limits, everyone has to consider it in a way that violating this concept would lead to the response of society and result the rejection of the person from society. This necessity is explained in international Documents; among them are the International Declaration of Human Rights and the Declaration of Human Genome and Human Rights. Therefore we face a new era in biomedical issues which reminds us of considering the basic rights and Human’s munificence by concentrating on bioethics and medicine, the concept of the Declaration of Human Genome and UNESCO Human Rights shows the fact in this area. The author of this essay who is a member of UNESCO Bioethics Committee, in this context, has considered these two concepts and the close relationship between them and has break down the concept of Human’s munificence and considered two parts for it. On this ground, the author distinguishes “individual munificence” from “Human munificence” and studies these two options in the Declaration of Human Genome and Human Rights and studies each one in this International Document.
http://ijmedicallaw.ir/article-1-432-en.pdf
Human’s munificence
Bioethics
International law of Biomedical
Individual munificence
Human munificence
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
113
132
article
The Ethical foundation of Human Rights
Abdul-Aziz Sachedina
medlaw2008@yahoo.com
1
Mahmoud Abbasi
Dr.abbasi@sbmu.ac.ir
2
Ladan Abbasiyan
3
In the three last decades, especially at the beginning of 1970,there has been a great interest in the Universal Declaration of Human Rights codes and it’s accordance with Islam towards social and political awakenings in Islam and the increase of militant religious extremisms among Muslims. Books and essays in Farsi and Arabic has been written by great and significant interpreters whom where traditionalist in Islam such as Mohammad Ghazali from Egypt and Jafar Sobhani Tabrizi from Iran and just mentioning some of them shows the interest of International Documents in Islamic traditions, although the Islam’s main critic about this declaration is about secularism and malice to different religious or philosophic ideas. It seems that the basis of the secularism in the declaration is not strong enough to consider Human Rights. Perhaps the important point in the speeches about the Secular Human Rights, which stimulated the Muslim jurists, is the separation of anything religious, blocking the development and progress of Human Rights.
http://ijmedicallaw.ir/article-1-433-en.pdf
Ethical foundations
Bioethics
Human Rights
Secularism
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
133
164
article
Artificial insemination from ethics and criminal law point of view
Reza Vatankhak
watankhah_2100@yahoo.com
1
Since long time ago, reproduction and as a result and continuity of generation has been one of the human’s hopes and wills and in fact, it is considered as kind of perfection. Although for many centuries, because of lack of fertilization power or due to infertility of their wives, many humans has died with this wish in their heart and their generation has been extinct, todays modern and increasingly medical progress allows the insemination to happen in other ways more than the natural way. These methods which are known as the medical fertility will be applied by ART, Microinjection, and artificial insemination … these types of inseminations had a great development since the second half of 20th century. Today, this method is one of the most important events and improvements of this century, although this technology has been used since years ago, it was imported to Iran since 1990. This subject is one of the oldest methods of unnatural pregnancy and it includes methods which the semen would be applied in different parts of the woman’s genitals after preparation and being trained, and contiguity of the sperm and oocytes would be possible. Right now, the most common artificial insemination is intrauterine insemination which means using the trained sperm (not the whole semen) of the husband (AIH) or someone else (AID) or TDI. Artificial insemination of woman’s egg with the husband’s sperm is a correct action which has legal effects and it is approximately flawless from the juristic point of view and from point of view of Iran and Foreign legal Systems they consider this system as a treatment method and they consider the child born this way related to the woman and her husband. A group of jurists doubted applying this method because of fear of prohibited preparatory actions such as taking egg from a woman by a stranger with or without the husband’s permission caused different opinions from the pint of view of jurists as well as Feqh’s point of view, in general there are many disagreement and less agreements in this field. Although the subject can be reviewed from different aspects such as inheritance, alimony, filiation, custody… but the base of this essay is study from the view of ethics and criminal law and the explanation of the necessity of criminalizing of some issues and related matters.
http://ijmedicallaw.ir/article-1-434-en.pdf
Human Genetic
medical fertility
embryo donation
artificial insemination
ethics
criminalizing
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2007-07
1
1
165
189
article
Genetic Identification in Criminal Sciences
Amin Jafari
amin_isp@yahoo.fr
1
AlthoughLaw has always considered scientific developments and this science find natural sciences very useful, Medical Law is one of the fewest legal references which has made progress simultaneously with scientific developments and is up to date e.g. study and investigate on stem cells can be mentioned. In fact legal concerns for legislators of various countries in treatment and research methods used in stem cells shows the importance of this concept. In this regard, the skip genetic method is a modern and effective (in France Legal System) and in this essay, it is considered as a reflection of Medical Law in Criminal Law. In general, the purpose of using this method which stem Cells will be used is to help the activists of justice system to prevent crime and pursue the offenders. This method plays the role of proof of claim in criminal procedure and it will be useful in specific Criminal Law to confront some of the special crimes. Nevertheless, as it will be observed further, this method is not flawless in France Legal System. It is also considerable that Iranian legislators sees this method as a system of achieving justice and prepare some arrangements to use it as much as possible in our country.
http://ijmedicallaw.ir/article-1-435-en.pdf
Genetic Identification
Criminal Sciences
France
Iran