MEDICAL FIGH QUARTERLY
Year:2016 | Volume:7 | Issue:24-25|Papers Count:10

Among the questions that Islamic jurisprudence is responsible for responding to it, the legal status of patients in intensive care. One of this situation, a person suffering brain death is resuscitated by devices.In this situation when the person connected to devices resuscitation devices, the breathing system and blood circulation is working. In this situation if the dead person knew or should the legal terms the difference between life and death medical, legal, assume that the person is still alive and he/she applied to the provisions of the alive.Considering on religious teachings, should not a patient suffering be too long because of agony. If the doctor is disappointed about recovery, the patient will be allowed to separate protective devices.But as long as we do not have certainty on the separation of the soul from the body, Cannot be sentenced to death and the current punishments such as Inheriting. But if patients likely are treated and untreated is equal, separating the patient from supporting devices will not be permitted until to point of despair.

Nowadays culprits execute simply and gently by omitting torment in hanging punishment. Especially this action can be done by new surgical technology and medical science developments aided in order to execute painless death completely. In this branch legal usage of this method and even medical cadre as death officers is always proposed in legal discussion.In Islam law, based on different nature of all kinds of prescribed death, retaliation, discretionary and administration hangings also proofs on judge’s powers bounds concerning retaliation and prescribed punishment and specific stipulations for determining death methods in some crimes, legitimacy of enjoying modern methods in prescribed and retaliation death is doubtful. In The governmental and prescribed death, painless legitimacy faces with question due to difference of opinions.This research is made by an analytical-descriptive method and by the use of various library resources. Upon revising the primary order and re-studying of narrations about subjects or methods of hanging and necessity of torment for it, the present study has concerned torment-free methods due to the order of governor and rejecting any common and legal methods. Regarding the secondary order again selection of pain-free methods are preferred when painful methods of hanging have further negative reflects in society and even world attitudes.

One of the punishments that has existed in the human community since late is retaliation in kind. The main characteristic of retaliation for damage to functions, is identity of criminal act perpetrated and the retaliation provided as a result of such act. Such retaliation in kind shall not jeopardize the life of the criminal and shall allow sustainment of the equivalent of the crime perpetrated by the criminal.There are cases in which the criminal damages the sight of the eye without damaging the eye. Some Islamic jurists and law experts believe that retaliation in kind is not applicable to such cases and commute the punishment to blood money. Such decision to impose blood money rather than retaliatory destruction of the eye is based on the lack of equivalence and equality between damage to sight and destruction of the eye and also the possibility that loss of the life of the criminal may result.On the other hand, advancements of the field of medicine and related equipment have largely made it possible to execute retaliation in kind using laser as a precise and powerful tool with an important role in ophthalmology. Such retaliation in kind can be executed by the specialists. The necessity of this research lies in the fact that due to street affrays and acid throwing, the damages imposed on the eyes have become very serious, and that because the lack of said equivalence has caused retaliation in kind is not executed for crimes involving eye and the same to be commuted to blood money, although both blood money and retaliation in kind are provided by shariah.Given blood money in such cases is not equivalent to retaliation in kind, and due to lack of the conditions for the execution of retaliation in kind, it is commuted to blood money, now the question is why blood money is imposed while the requirements provided by the law for the execution of retaliation in kind is in place? This research was carried out using an analytic-descriptive method and having studied and reviewed the grounds of the views concluded that the decision of the execution of retaliation in kind by means of laser can be rendered for the criminal damages to the function of the eye (sight).

Upon the birth of every human being who comes into existence in the nature, some legal rights are supposed, nonetheless the use of the current laws on the children born by the natural conception cannot respond to many fundamental questions about the children's rights subject to the artificial insemination. In the present article, we attempt to provide a rational response via the review of the legal and jurisprudence resources as many questions have arisen on the topic of the inheritance of such children.In respect to the explanation of the inheritance status of the children, the accession criteria should be defined as one of the inheritance fundamentals, the qualification of the inheritance circumstances, the qualification of the absence of any barrier of inheritance, and finally the mandatory status of each of the different types of the artificial insemination by the donated embryo shall be a necessity (resulting from sperm donation, egg donation and both donations by stranger).Finally, subject to the assignment of the children to the sperm/egg owners and the lack of any relationship between the child and the receiver father/mother, the legislature should provide some measures in order to avoid any deprivation of the child from the inheritance rights (in accordance with the Donor Anonymity Act), thereby the stipulation of the parent's inheritance obligations will be essential in favor of the child as a part of their properties.

Along with modern medical advances encouraging the infertile couples for childbearing, there have been many legal concerns, where arriving at legitimate solutions requires to integrate of medical and legal perspectives; therefore, the establishment of a specialist filed such as medical law turns out to be inevitable.The artificial insemination after the death of the owner of the sperm (i.e. the father) provides a significant challenge, and poses conflicts as to the lineage of the newborn, obtaining an identity card, as well as its inheritance.The present article intends to investigate the inheritance of IVF newborns, after the death of the owner of the sperm (i.e. the father); also, it intends to legitimize generalities and reasons for the naturally conceived baby by distinguishing between an IVF fetus and a naturally conceived fetus.The authors believe that the IVF baby born after the death of the owner of the sperm is commonly considered the child of the deceased father, and there is no jurisprudential barrier for its inheriting from the father. Therefore, such a newborn will inherit from the father.

This article allocate to disabled people prayer and it surveys the bowing rule prayer in disabled people and MS patients. These people require bow sitting but they may be able to bow to the main form.The main purpose of this article is to answer this question: if the disabled people was able to stand before or after bowing, what’s his/ her duty? Should he/she bow sitting and then stand or should continue bowing to the same manner and stand after bowing or should be satisfied to sitting and appointed to sitting.The results show that standing attached to bowing is known as bowing and its necessary it compliances with the kind of bowing, but standing after bowing is an independent obligatory that if there is the ability for performing it, it should be do standing although the bowing has performed sitting.

In Islamic law if urinary and fecal incontinence were the results of two felonies, the compensation would be two. But in one single felony, most of scholars believe one compensation is enough not two, and this is just due to one hadith about it. Since it is not supported by medical studies, alterations or heresy and..., it cannot stand against the rule of non-combination of the causes and so the two-compensation idea in one felony seem validated and stable. In this article we will discuss different opinions to prove what the exact and valid idea of Islam is.

Since the operation hymenoplasty by a doctor, background deception in marriage provides, in this study we are to take advantage of the legal rule "prohibition of cooperation on unlawful" illegitimacy hymenoplasty practice in Islamic jurisprudence evaluate.The findings suggest that, as in prohibition of cooperation on unlawful, "intend resorting to unlawful" and "out of guilt" is not a condition, and restoration of the hymen in common sense, the field of deception and misrepresentation in providing the girl in marriage is forbidden marriage, the doctor hymen repair in normal circumstances, the case has been cooperation on unlawful is prohibited, although this is done in emergency or hardship, will be legitimate.