Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 275-290 |
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Avazpour S H, Sayyah R, Hosseini S H, Barati F. Jurisprudential and Legal Study of Brain Death as Execution in the Idea of Proof. MLJ 2022; 16 (57) :275-290
URL: http://ijmedicallaw.ir/article-1-1264-en.html
URL: http://ijmedicallaw.ir/article-1-1264-en.html
1- Department of Fiqh and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
2- Department of Fiqh and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran; Member of the Faculty of Oil Industry University, Faculty of Oil, Ahvaz, Iran
2- Department of Fiqh and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran; Member of the Faculty of Oil Industry University, Faculty of Oil, Ahvaz, Iran
Abstract:
different negative and positive reactions to this issue. The present study claims that by putting forward this proposed and innovative method, it meets many of the existing scientific and social needs in this field. Therefore, we decided to present a relatively comprehensive and completely new research in this regard and during it, to give the appropriate questions based on important jurisprudential, legal and, consequently, medical sources, appropriate and as strategic as possible: 1. Examining the different aspects of the hypothesis of approving and confirming the cause of brain death as one of the types of execution methods; 2. Examining the epistemological, sociological and psychological foundations of Islam regarding the permission or non-permission of donating a prisoner organ sentenced to self-sacrifice; 3. Examining the views of the proponents and opponents of the donation and transplantation of organs of prisoners sentenced to self-immolation through brain death.
Method: This descriptive-analytical study has been written to investigate the possibility of brain death with the aim of donating organs to death row inmates, which is done using library resources and based on logical reasoning and analysis and valid jurisprudential, legal and medical criteria.
Ethical Considerations: This research is written based on ethical principles and trustworthiness.
Results: The findings of this study indicate that; By exploring jurisprudential and legal arguments and inferences and legal materials and advances in medical knowledge, we proved that: brain death as one of the types of execution has intellectual, scientific, logical and laboratory possibilities, but in In case of its practical possibility, the consent of the executed person as well as the conditions of the national and international environment should be considered.
Conclusion: According to the results and criteria desired by the Shari'a in relation to partial execution and retribution, including the role of time and place in execution or openly and secretly or precedence and latency of being a lesson, learning or forgiveness, equality and proportionality of crime (murder) and punishment Nafs), no excessive harassment of the sentence, etc. It is possible to vote for such a possibility with the correct and approved methods of the medical community as a type of execution that has many of these conditions in order to eliminate some buts and ifs and completes The above-mentioned legal article came into force.
Please cite this article as:
Avazpour SH, Sayyah R, Hosseini SH, Barati F. Jurisprudential and Legal Study of Brain Death as Execution in the Idea of Proof. Medical Law Journal. 2022; 16(57): e19.
Method: This descriptive-analytical study has been written to investigate the possibility of brain death with the aim of donating organs to death row inmates, which is done using library resources and based on logical reasoning and analysis and valid jurisprudential, legal and medical criteria.
Ethical Considerations: This research is written based on ethical principles and trustworthiness.
Results: The findings of this study indicate that; By exploring jurisprudential and legal arguments and inferences and legal materials and advances in medical knowledge, we proved that: brain death as one of the types of execution has intellectual, scientific, logical and laboratory possibilities, but in In case of its practical possibility, the consent of the executed person as well as the conditions of the national and international environment should be considered.
Conclusion: According to the results and criteria desired by the Shari'a in relation to partial execution and retribution, including the role of time and place in execution or openly and secretly or precedence and latency of being a lesson, learning or forgiveness, equality and proportionality of crime (murder) and punishment Nafs), no excessive harassment of the sentence, etc. It is possible to vote for such a possibility with the correct and approved methods of the medical community as a type of execution that has many of these conditions in order to eliminate some buts and ifs and completes The above-mentioned legal article came into force.
Please cite this article as:
Avazpour SH, Sayyah R, Hosseini SH, Barati F. Jurisprudential and Legal Study of Brain Death as Execution in the Idea of Proof. Medical Law Journal. 2022; 16(57): e19.
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