Medical Figh
Year:2016 | Volume:8 | Issue:26-27 |Papers Count:11

The main factor of great changes in health issues is a relationship between medical & jurisprudence. One of the major issues is referring of women for caesarean in spite of good powers for natural delivery. Although it seems that no more changes in this policy is based upon jurisprudent ideas and/ or mothers’ attitude for prevention from any pains. But regarding current statistics and numbers in medical resources about any charges of this method and permanent damages to mother and child, this is the first step for any changes of this policy through a revising of primary order from jurisprudent viewpoint. The purpose of this study was to investigate the legitimacy and mandate to Caesarean section in a condition, there is the possibility of giving birth the normal delivery (vaginal delivery) and cesarean section delivery methods is not as the only method of delivery.This study was conducted to analytical documents and in two parts: The first one is methodology, citing the results of qualitative research and medical sciences evaluation was compared with creative and natural method, Based on the results, cesarean section compared with vaginal delivery than as a with many complications and high risk method was introduced.In the second part, we will evaluate and analyzing the proponent and opponent jurisprudent ideas, about medical science findings as expert opinion to identify the subject, finally, the lack of licenses in the inferred sentence. So, Based on medical research and licenses number of the need for action to non-elective cesarean section is detected.Furthermore, considering the mentioned primary order that is not allowed (elective cesarean), naturally, physician practice in referring patients to unnecessary legal ruling, will the prohibition. As for guarantee (civil liability of doctor), in the event of an accident to the applicant, this problem can be investigated.

There is no unity in the world about the nature of the frozen embryos. According to group opinions, since frozen embryos have the potential to become human beings, they should be considered as humans. Others believe that the time of the formation of human life is not at conception, so, they are properties. The third view point says that are quasi-property.This study has been done by using documentary-library. In addition legal analyses have also been done.Frozen embryos are put in a special class of properties named "Quasi-Property".Upon investigation, it was discovered that in terms of jurisprudence, the beginning of human life is other than the time of conception. Also, in terms of morality, the frozen embryos capability of becoming human beings cannot provide a basis to consider them as human beings. In terms of law, the embryos have the stated criteria for being property. Since considering them as property may lead to decision making about them which are contrary to good morals, it is proper to put them in a special class of properties named "Quasi-Property'' and limit the circle of property rules on them.

One of the most important issues in medical law and acquit the effect of satisfaction on the physician's responsibility and whether the effect of informed consent requirement was acquitted on a charge of the same doctor, Leave alone if you do not blame the doctor and the patient is informed and comply with all technical and scientific standards of medical doctors will eliminate civil and criminal liability As the effect of the presumption of innocence, the right precautions and medical malpractice or liability shall be. In this paper, we plan to investigate the pros and cons and criticism of jurists and lawyers are sufficiently informed consent of acquittal on the charge of doctor, provided exemptions from liability, responsibility of the physician to adjust to shift the burden of proof because the doctor's patients, Unlike the famous jurists that the former law was based on his opinion And strict liability without fault of the doctor in Articles 319, 320 and 321 of the Penal Code of the former was evident; But this problem has been resolved in the Penal Code Act 1392 and Article 495 of the fault has been responsible physician bound, This study is a descriptive - analytical definitions and understanding of the principles, rules and referring to the jurisprudence of the "traditional method with disciplined analysis" rights "rational method of descriptive language" explained. Finally, informed consent in accordance with the views expressed by the condition of the patient has a similar function has been acquitted of liability and depends on the nature and limits of the patient's permission, which permission to waste time (in terms of non-famous jurists) and sometimes restricted or conditional permission to health (famous jurists).

Background: In the age of information and communication technology laboratory data as one of the important indicators of scientific evidence proving the crimes are among Justice Statistics That in the light of progress in medical science in recent years new horizons of scientific discovery has opened crimes to humanity. This article attempts to answer this question is essential with regard to scientific and despite the lowest error rate results of a forensic examination and that in matters of technical and specialized referral to experts and compliance expertise is required , why in practice the views of experts and Forensic and medical evidence will be neglected by Judges? So, this article seeks to explain the value of judicial decisions is based on experimental data than other evidence.Methods: Argument of this paper is descriptive and analytical, Forensic tests determine the unknown criminal status.Results: This article as a result has proved that although in the present age, experimental data as new scientific evidence in court is very important and taken seriously but the lack of obligation for judges to act in accordance with these views, show them the jurisprudential principles of effectiveness and about the validity of the judge in crime.Conclusion: So should aim more scientific forensic system and the judiciary the necessary legislation judgment of the judge in determining the valuation is based on the scientific and technical experiments the principles and standards adopted, the principle of legal medical authority as experts and more authentic unless otherwise proven by certified experts to judge.

Nowadays, the development of medical knowledge about human and his organs has caused that many complex issues include organ harvesting and transplantationand also buying and selling organs and their will and testament and donation at the same time has been discussed in the field of legal and jurisprudential studies. Hence, due to explain the legitimacy, studying these issues should be prioritized. One of the premises of the first sentence explanation for these issues is that, the value condition of human organs should be clarified in law and jurisprudence. So, this article follow the descriptive-analytic approach and it is a library data study. At first, this study analyzed the definition and the distribution of organs and the things value condition in law and jurisprudence. Then, with regard to the arguments of permissibility of organs harvesting, the objects’ value criteria such as interest for rational purposes, people demand, and other rational approaches that aren’t prohibited by the legislator – and this is the reason for legislator signing, it has concluded that the human organs value are depending on how they are transplanted. Those organs which are faced with some inherent and legal restriction, don’t have any values due to the aforementioned arguments. But those organs that their transplantation didn’t face with legal restriction, should have their own value and they are considered as a financial right. So, the rules and effects of wealth should be considered for them.

Background: One of the applications of genetic is in forensic issues that determine the identity through the determination of DNA at need. In addition to the study of DNA, there are other methods such as fingerprinting and iris scanning for identification purposes. The aim of this study is to understand Quran and the innocent ones’ perspective in the field of identification of persons on the basis of lines in the fingers and genetics differences. On the other hand, the scientific justification of the possibility of revitalization and physical resurrection is based on an individual's genetic identity.Methods: In this paper which is organized by analytic and descriptive approach, using library study, verses and Hadiths that imply the existence of individual differences and genetic differences were extracted and surveyed. Results: Findings showed that Quran has pointed to lines in the fingers, their uniqueness and invariable. From the tenor of a hadith, it is comprehensible genetic fingerprinting, DNA survival and uniqueness and possibility of revival on basis of genetic identity. There are the evidences in the innocent ones’speech which can be interpreted in the light of new genetic knowledge, also applying genetic laws in a simple language, the innocent ones (pbuh) removed the men’s subsection which had been caused by dissimilation their offspring to themselves and their mates. Conclusion: According to the findings, we can conclude that Quran and the innocent ones (pbuh) hadiths have pointed to classic fingerprinting and genetic fingerprinting 14 centuries ago. It is a sample that there is no challenge between knowledge and religion.

Islam as the most perfect divine religion is the forefront of privacy and human dignity and its vision to the human as the Caliph of Allah is metaphysical and spiritual. For this reason, In addition emphasizing the privacy and dignity of the human being character, attended to his physical integrity and any violation of physical integrity of any human being knows forbidden and liable to capital punishment. Although buying and selling human beings are not exempt from this provision, but the buying and selling of his/her organs Such as human blood, including the conditions and the necessity to save the life, has been disputed in the opinion of many Sharia Scholars. Regardless of the ruling dealing with blood and its conditions, even in cases of necessity, due to using the terms of "the forbidden" and "vice" for the money raised from the sale of blood, to maintain a position of caution and takes blood in exchange for the assignment of the right belonging, without commodity conception, buying and selling is permitted and using terms such as "the forbidden" and "vice" to prohibit of the money raised from the sale of blood is indicative of the moral vision of Sharia Scholars.

The principle of ‘no hardship’ (la haraj) is one of the most important jurisprudential rules applied in different areas of jurisprudence including acts of worship, transactions and politics. As per this rule, there is not any rule among divine laws which may involve undue hardship or may cause the duty-bound [mukallaf] to undergo suffering and constriction. Should the duty-bound face any hardship performing one of the divine laws, it is no longer necessary for him to perform it. He is not to blame. There are different manifestations for distress and constriction or hardship. Given the fact that the damages resulting from non-corporeal hardships and constrictions in the present society are not less than physical damages and they may perhaps be even be more intolerable causing the individual irreparable damages, recourse can be taken to the principle of ‘no hardship’ to resolve such dilemmas. Hardship can, therefore, be divided into corporeal and non-corporeal. Although jurisprudents have not made any reference to such classifications, considering the manifestations of hardships and constrictions mentioned in their works it can be said that the principle of ‘no hardship’ applies not only to the corporeal hardship but also non-corporeal hardships such as psychological-mental hardships, social hardship, economic hardship, honor-related hardship and so forth.