Showing 7 results for Jurisprudence
Seyed Mahmoud Tabatabaei, Seyed Hassan Alam-Al-Hoda,
Volume 5, Issue 5 (10-2012)
Abstract
Medicine is a branch of health science with the purpose of maintaining health and health promotion, diagnosis, treatment and prevention of diseases, and rehabilitation of patients. In addition to possessing academic qualifications and legal training, physicians and service providers should be familiar with moral and jurisprudential considerations in their profession, as is rationally and logically expected.Respect for moral values and legal principles is important since on the one hand it gives the service provider a feeling of fulfillment, and on the other hand it causes the patient to feel satisfied with the service offered.Islamic laws must be observed in all aspects of life in our country and medical practices are not an exception. Therefore it is necessary for all practices to be approved by jurists and to comply with the principles of Islamic jurisprudence and ethics. Consequently, practitioners need a thorough understanding of Islamic laws and ethics in order to be considered qualified. In this regard it should be remembered that Islamic jurisprudence, or Sharia refers to a set of laws and rules of life defined by the Quran and its interpretation and explanation by the great Prophet of Islam (SAW) and Imams (AS). In Islamic culture, law and medicine are closely related to each other. Many physicians are staunch followers of the Islamic jurisprudence and try to observe them in their diagnostic and therapeutic approaches, and in cases where they have dilemmas and are not certain what course of action to take, religious standpoint is what guides them to make the right decision. In recent decades, physicians have tried to apply Islamic laws in the context of medical or jurisprudential problems. This article investigates the realm of medical jurisprudence and medical ethics.
Seyyed Mahdi Salehi, Fatemeh Faramarzi Razini , Nazafarin Ghasemzadeh,
Volume 6, Issue 3 (8-2013)
Abstract
Presumption of innocence is one of the fundamental principles of criminal law that has its roots in moral and religious principles. Presumption of innocence is consistent with human nature, and special attention has been paid to it in Islam. For this reason it has been included in our constitutional law as well as in the constitutions and ordinary laws of other nations, and this indicates its significance. In Shiite jurisprudence there are two major theories on the responsibility of physicians as “daman al-tabib”. Most jurists (famous) consider the physician responsible even if he or she has committed no fault. Only a minority of jurists (less-known) consider the physician to have no responsibility. Islamic criminal law believes the physician to have absolute liability, although medical practices have become more sensitive than in the past and medical incidents have increased as a result of new technology and new methods of treatment. The present study intends to adopt a new approach to rules and principles of jurisprudence, and study the necessity of using them according to the requirements of time in solving everyday problems. Moreover, the study seeks ways to prevent the regression of those rules. Therefore, it seems essential that the golden principle of presumption of innocence be applied to physicians as the manifestation of God's healing, and more attention be paid to it.
Ahmad Mortazi,
Volume 8, Issue 5 (2-2016)
Abstract
Long-standing concerns about the feeding needs of infants and the search for a viable alternative to the formula prompted the World Health Organization to propose the concept of breast milk banks in 1909. A year later, the first donor milk bank was founded in Boston, Massachusetts to be followed by similar institutions in various countries in Europe and Asia. Multiple births and mothers’ inability to produce adequate breast milk, premature births resulting in mothers’ insufficient milk supply, babies’ reaction to the chemical composition of their mothers’ milk and several other reasons have triggered an increase in the demand for breast milk banks. An examination of the arguments related to Rada or milk-kinship in Shitte and Sunni jurisprudential and narrative sources demonstrates that there is no judiciary challenge or obstacle to establishing breast milk banks in Iran and other Muslim countries. This descriptive-analytic study uses library sources to investigate the evidence and confirming principles of milk-kinship in order to support the above-mentioned concept.
Seyed Abdarahim Hosseini, Mohamad J. Sadeghpour, Naghi Aghazadeh,
Volume 9, Issue 5 (1-2017)
Abstract
Since the beginning of the Imamia school of thought, Imamia scholars paid a great attention to issue of physicians’ responsibility. With a long-lasting debate on this issue, in most cases they have confirmed physician’s responsibility in medical error. However, in terms of a skilled medical doctor who treats the patient with no medical error but harm occurs, there is no consensus. Some scholars have said that if the physician had the patient’s (or family) consent for the treatment, then the physician is not guilty. In the contrary, some scholars believe that the physician still should bear the responsibility.This paper aims to examine the Islamic Pinal Code (no. 495) by relying on changing trajectory Imamia jurisprudence in exchange for claimed physicians’ responsibility. The legislators in Article 495 of the Islamic Penal Code (Act. 92), seems to take into account both mentioned perspectives and try to choose a middle way. However, in practice, this has caused confusion.
Narjes Heshmati Far , Leila Rabie Nasab, Ahmad Mozafari Join , Mohsen Velayati ,
Volume 12, Issue 0 (3-2019)
Abstract
Infertility has been the main problem of infertile couples in history. However, infertility is solved with modern methods’ in recent decades. Embryo donation is one of the methods to infertile couples. In this method, sperm and oocyte of legal and religious couples are inoculated in the lab and the fetus is given to other legal and religious couples. However, people and doctors have doubts to agree or disagree with the views of contemporary jurisprudents. Then, the legislature passed the law of donating embryos to infertile couples in 2003. Although at the time, this law was very useful. However, there are shortcomings because of the brief writing of the law. The child's confidentiality to the fetus has not been determined. In this paper, the rights of Shia jurisprudence books and their adaptation to the opinions of the jurisprudents articles regarding the confidentiality of the embryo donation are discussed. Concluding different opinions from medical ethics and jurisprudential comments and laws, confidentiality of the mother’s womb to the child was proved. All provisions of the foster mother also runs. The confidentiality of the father will also be accepted according to several conditions.
Saeid Nazari Tavakkoli, Hojjat Azizollahi,
Volume 14, Issue 0 (3-2021)
Abstract
Drug crimes, regardless of the economic consequences, have threatened public and individual health and determined the international community to combat them effectively. Therefore, in the laws in question, confiscation of property is considered as a punishment for criminals of drug crimes; while from a jurisprudential point of view, this punishment has faced challenges. The findings of the present study performed using descriptive-analytical method and based on library sources show that the legislator has accepted the confiscation of property as a punishment for some drug crimes in article 18 of the Law on Medical and Pharmaceutical and Food and Beverage Regulations. According to jurisprudence, although man has the right of ownership over his property and assets, it does not mean he is absolute owner. According to special circumstances and assuming the existence of public interests, this right can be ignored in the form of confiscation of property provided that other deterrents to committing drug offenses are not applicable.
Saeed Nazari Tavakkoli, Saeed Ghadirzadeh Toosi,
Volume 17, Issue 1 (3-2024)
Abstract
Treating patients whose lives are in danger or threatened by irreparable harm, is an obligatory act. However, sometimes, due to old age, the severity of the disease, or the lack of definitive treatment, the patient faces a situation where, according to the diagnosis of the medical staff, starting or continuing the treatment has no effect on patient recovery, or the effect is so insignificant that is ignored in medical practice. This study was conducted using a descriptive and analytical method based on library resources to compare “futile treatment” in medical ethics with “Israf” (extravagance) in Islamic jurisprudence so as to indicate the level of conceptual compatibility between these two concepts. Moreover, considering the illegitimacy of extravagance in jurisprudential teachings, it was attempted to explore whether it is illegitimate, according to Islamic rules, to perform futile treatment. To do so, first, futile treatment and its characteristics in medical texts were defined. Second, the ethical considerations of performing such treatment were explained based on the teachings of medical ethics. Third, extravagance was analyzed in terms of concept, topic, and sentence by referring to valid lexical, jurisprudential, narrative, and interpretative resources. Finally, based on a comparative study, the level of compatibility of futile treatment with extravagance was investigated. The findings of this study showed futile treatment is an example of extravagance as it causes the waste of personal or public property, lacks rational purpose, and does not lead to patient recovery or promotion of health status. Therefore, futile treatment is not considered an obligatory act but even an illegitimate one as it is a clear example of extravagance. In addition to punishment in the afterlife, it entails civil liability as it results in the loss of others’ property.
