Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 412-428 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Jafari F, Kazemi S S, Chegini H. Feasibility of Anesthetizing the Perpetrator and Transplanting the Victim's Organ against (with an Emphasis on its Effects on the Punishment
of the Perpetrator of the Crime). MLJ 2024; 18 (59) :412-428
URL: http://ijmedicallaw.ir/article-1-1693-en.html
URL: http://ijmedicallaw.ir/article-1-1693-en.html
1- Department of Law Faculty of Literature and Human Sciences, Boali Sina University, Hamedan, Iran.
2- Department of Law Faculty of Literature and Human Sciences, Malayer University, Malayer, Iran
2- Department of Law Faculty of Literature and Human Sciences, Malayer University, Malayer, Iran
Abstract:
Background and Aim: Some Shariah punishments that include retribution, amputation and taking life are a new issue under the title of linking the member who commits the crime and the victim against the innocent member after the crime has occurred and the link between the guilty member after the execution of the punishment in criminal law. brings up The link of the member can be in the case of the perpetrator of the crime, whether he is sentenced to revenge against the member or the victim. What is the effect of transplanting the victim's next limb on the punishment of the perpetrator of the crime is an issue that should be considered according to the goals of punishment and especially the philosophy of amputation or retribution.
Method: In this research, an attempt has been made to evaluate different jurisprudential and legal opinions regarding the re-enforcement of retribution in the case of the attachment of a victim's member against him, as well as the attachment of a victim's member to himself, or the attachment of a third party to his victim and the legislator's opinions were also taken into account. to be examined according to the articles of the Islamic Penal Code as well as unanimous votes.
Ethical Considerations: In all stages of writing, honesty and trustworthiness have been observed.
Results: If we pay attention to the matter from the point of view of similarity and similarity in the punishment, transplanting the victim's limb can be an obstacle to retribution or amputation of the perpetrator of the crime and if retribution of the limb in crimes and amputation is limited by the philosophy of causing pain and suffering to the soul. Consider, it will not affect the punishment. In Islamic law, punishments such as retribution are justified from the perspective of revenge and purification of the victim, criminal justice and deterrence of the perpetrator from repeating the crime in the future, but today, in addition to the above goals, there is also a higher goal as the reformation and rehabilitation of the criminal is another part of It forms the objectives of the punishments. Perhaps, by allowing the transplant of a severed limb from a victim and, accordingly, the transplant of a retaliated limb, instead of publicizing and identifying such criminals in the society, measures can be taken to correct and rehabilitate them.
Conclusion: It seems that the laws need to be updated regarding the transplantation of a living organ and a non-living organ and it is necessary to avoid extensive interpretation of some jurisprudential interpretations that cannot be helpful and to the conditions and new scientific developments that are clearly opposed. They do not pay attention to Islamic standards. Therefore, according to the progress of medical science, it is necessary to include the rules of organ transplantation in the case of perpetrators of crimes and also in the case of innocent victims in the criminal regulations carefully and with details and not just mention one article that is derived from jurisprudence.
Please cite this article as:
Jafari F, Chegini H, Kazemi SS. Feasibility of Anesthetizing the Perpetrator and Transplanting the Victim's Organ against (with an Emphasis on its Effects on the Punishment of the Perpetrator of the Crime). Medical Law Journal. 2024; 18: e29.
Method: In this research, an attempt has been made to evaluate different jurisprudential and legal opinions regarding the re-enforcement of retribution in the case of the attachment of a victim's member against him, as well as the attachment of a victim's member to himself, or the attachment of a third party to his victim and the legislator's opinions were also taken into account. to be examined according to the articles of the Islamic Penal Code as well as unanimous votes.
Ethical Considerations: In all stages of writing, honesty and trustworthiness have been observed.
Results: If we pay attention to the matter from the point of view of similarity and similarity in the punishment, transplanting the victim's limb can be an obstacle to retribution or amputation of the perpetrator of the crime and if retribution of the limb in crimes and amputation is limited by the philosophy of causing pain and suffering to the soul. Consider, it will not affect the punishment. In Islamic law, punishments such as retribution are justified from the perspective of revenge and purification of the victim, criminal justice and deterrence of the perpetrator from repeating the crime in the future, but today, in addition to the above goals, there is also a higher goal as the reformation and rehabilitation of the criminal is another part of It forms the objectives of the punishments. Perhaps, by allowing the transplant of a severed limb from a victim and, accordingly, the transplant of a retaliated limb, instead of publicizing and identifying such criminals in the society, measures can be taken to correct and rehabilitate them.
Conclusion: It seems that the laws need to be updated regarding the transplantation of a living organ and a non-living organ and it is necessary to avoid extensive interpretation of some jurisprudential interpretations that cannot be helpful and to the conditions and new scientific developments that are clearly opposed. They do not pay attention to Islamic standards. Therefore, according to the progress of medical science, it is necessary to include the rules of organ transplantation in the case of perpetrators of crimes and also in the case of innocent victims in the criminal regulations carefully and with details and not just mention one article that is derived from jurisprudence.
Please cite this article as:
Jafari F, Chegini H, Kazemi SS. Feasibility of Anesthetizing the Perpetrator and Transplanting the Victim's Organ against (with an Emphasis on its Effects on the Punishment of the Perpetrator of the Crime). Medical Law Journal. 2024; 18: e29.
Type of Study: Original Article |
Received: 2023/08/12 | Accepted: 2024/01/28
Received: 2023/08/12 | Accepted: 2024/01/28
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
