Volume 7, Issue 3 (2022)                   2022, 7(3): 8-17 | Back to browse issues page

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Rahimian Dastjerdi M, Raei Dehaghi M, Baharluee S. Examining the Role of the Consent of the Doctor or the Treatment Staff of the Perpetrator of Euthanasia in the Payment of Dowry with Emphasis on Verse 8 of Surah Ma'edeh. Quran and Medicine 2022; 7 (3) :8-17
URL: http://quranmed.com/article-1-690-en.html
1- PhD student, Department of Fiqh and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2- Associate Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran (Corresponding Author). , masoudraei@yahoo.com
3- Assistant Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
Abstract:   (1342 Views)
Purpose: The present study tries to investigate and analyze the issue of the consent of the doctor or the medical staff of the perpetrator of euthanasia in the payment of dowry with emphasis on verse 8 of Surah Ma'idah and jurisprudential evidences and laws of Iran, so that through these investigations the juridical and jurisprudential verdict of this The issue should be discussed.
Materials and methods: This research was conducted with the method of library studies and in a descriptive-analytical way, which was obtained and analyzed by referring to Quranic, jurisprudential and legal texts.
Findings: Euthanasia, which means "good death", is a condition in which the patient dies naturally and peacefully at his request. The question of the research is "Does the consent of the doctor or the medical staff of the perpetrator of euthanasia play a role in the payment of ransom or not?" The research hypothesis is that according to Article 384 of the Islamic Penal Code; If the deceased's parents want ransom, they do not have the right to collect ransom from him or his property without the consent of the murderer. The point to be considered in this legal article is that it has made the payment of ransom from the property of the victim to the victim subject to the consent of the victim. This legislative literature is taken from the point of view of some jurists. The researcher's hypothesis is that basically, the consent of the deceased has no place in this legal article and if the parents want ransom, then Jani must pay the ransom according to the number of victims. The present article, in a descriptive-analytical research, with a problem-centered view, criticizes the consent of Jani in this legal article and follows its jurisprudential foundations. According to the findings of the research, the consent of life in the mentioned article needs to be revised due to its incompatibility with jurisprudence.
Conclusion: According to the verses of the Holy Qur'an and traditions such as the honorable verse "Adelwa howa aqrabu lilttaqwi" (Maidah: 8) which is a requirement of justice and an important principle of the Qur'an, and also considering the rights of parents, one should not consider the satisfaction of life as effective.
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Type of Study: Research | Subject: Special
Received: 2022/10/12 | Accepted: 2022/12/12 | Published: 2024/01/9

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