Medical Figh
Year:2018 | Volume:10 | Issue:34-35 |Papers Count:7

Brain death is a medical term and it means the irreversible stop of the brain. Since in Islamic law, the reality of death and life is considered the subject of a religious order, so it is important to achieve brain death in order to observe the divine limits; the contemporary jurisprudents of the Sunni Orthodoxy have expressed different opinions about it, which are divided into three groups of supporters and opponents of brain death and the middle class are divided. Some jurisprudents do not consider brain death to be deserving of respect for the human soul and according to the principles, such as the principle of presuming continuation of the status quo ante, and the observance of the common parlance, is not absolute death, and therefore does not allow the separation of the resuscitation devices from the patient and the bringing out their members, but the second group, brain death from the directing the lack of human life and according to the theory of the medical commission, which is the same special custom, it is considered to be a dead end it is permissible to separate the devices of resuscitation from the patient and to bring out their members, while others consider brain death as one of the examples of definitive death, but from the direction Some legal jurisprudential rulings do not consider a person who has a brain death to be a dead corps.

The power of retaining urine and feces are considered to be important benefits and abilities of the human body. Occasionally, damage to some body organs, such as spinal cords may lead to some disorders in function of these benefits. These disorders appear in two forms: cramps and leakage. The complication of urinary and fecal leakage has been studied under two headings of ''Smooth Urine'' and ''un-retention of feces'' in Imamyia Jurisprudence. Also, the legislator in various materials, especially Articles 704 and 705, has been provides the amount of blood money for these two types of complications. Yet as the forensic cases show, the issue of urinary and fecal cramps, which is a relatively high prevalence, has remained unanswered, both in jurisprudence and in the penal code. In this paper, based on two general and specific narrations that are complies with the issue of cramps and generalizing the blood money of urinary leakage, as well as the generalization of the logical and linguistic analysis of successive order of full blood money of urinary leakage and affirmation of full blood money has been determined for urinary and fecal cramps if those are permanent and incurable.

the Islamic law. One of the issues that directly affects physical and mental health is forbidden to drink alcohol. The hypothesis of this research is based on the fact that mainly religious sanctities for eating, drinking, wearing and other items have a scientific wisdom, including the wisdom of medicine, which various sciences, including medicine, have achieved or will achieve in the future. The present study uses a descriptive-analytical method, and by examining the verses and narrations of forbidden drinking alcohol on the one hand and its adaptation to medical findings, on the other hand, it seeks to present a theory of dependency between religious sanctities and medical precautions. As a result, one example of this dependencies is the dependency between alcohol drinking and its destructive and harmful effects which is confirmed by medical science. The study of the wisdom and scientific reasons of forbidding drinking alcohol and the effects of alcohol drinkers on verses and narrations, and its adoption and confirmation by the findings of medical science, leads to this fact which is in fact a kind of scientific miracle of the Quran and Islam. Alcohol drinking has harmful effects, such as the emergence of kidney, cardiovascular, digestive and psychological harmful effects such as harassment, indifference, mental and physical deficiencies, and many other fatal incidents in humans, although some believe that alcohol drinking is beneficial and argues in verse 219 of the Baqara chapter in which it is spoken of in the interests of alcohol.

the sex of the fetus. The determination of the fetus in the modern way is one of the emerging issues of medicine. The determination of the sex of the fetus is that the parents, choosing their gender, by taking steps before coagulation of the sperm in order to prevent the birth of newborns with genetic diseases related to the sex or if the parents have considered the particular gender of the child, uses the determination of the embryo. Some jurisprudents, referring to verse 49 of surah al-Shoura, oppose the work mentioned above, but the advocates of determining the sex of the fetus, according to verse 5 of the surah of Maryam, have permitted the desire for a particular gender, and some have also ceased to exist. It can be said that by following a special diet and for the health of the generation of some hereditary diseases, it is permissible to use the method of determining the sex of the fetus if it is necessary and if there is permission before fertilization if it does not hurt the mother.

Increasing the incidence of incurable illnesses, and consequently the gradual death of both, and the need to compensate for the damage caused by the principle of compensation, as well as ambiguity in existing laws, on the other hand, have led lawyers to resolve the problem in this regard. Since most of our country's legal rules and regulations are based on the rules of jurisprudence of the Imamites, these rules can be helpful in dealing with new problems, This article has been written using a descriptive-analytic study method with the aim of explaining and analyzing jurisprudential rules that can be used as a basis for compensating for the consequences of gradual deaths. Some consider the Principe of no harm as sufficient for proving indemnification, while this rule is set forth only to eliminate the harm, rather than proof of the bail. Rules of wasting and causation run in cases where damage entry is mediated without mediation. Some believe that the rule of deception applies only when a person intentionally inflict harm on others; however, this rule applies in both cases, whether the harm is inflicted intentionally or unintentionally. According to studies, Rules of wasting, causation and deception in the issue of compensating for the causes of gradual death are important factors that can be cited by these rules, individuals who are responsible for transmitting disease to other people, are responsible for the compensation.

Sexual relationship between couples sometimes happens in the usual way (Sex through the vagina) and sometimes in an unusual way (anal sex), which has medical and jurisprudential effects. Anal sex has harmful effects on both man and woman such as transmission of diseases, incontinence of feces in woman, etc. from the point of jurisprudence, anal sex can have effects on Term of widowhood which is an important subject in family law. In this paper this question is asked whether the Term of widowhood of divorce is for absolute sex or it is just related to sex through vagina. This discussion has somehow been raised in the first part of Article 1155 of the Civil Law, and it is considered necessary for the absolute closeness. Among the wellknown jurists there is a consensus that the divorced woman should take Term of widowhood if she had each kind of sex. People who has this idea citing verbal and non-verbal reasons. The authors, with a deep examination and critique of each of these arguments, have concluded that the necessity of Term of widowhood is only related to the state of sex through vagina, and the anal sex doesn’ t require Term of widowhood. In view of the above jurisprudential result, it is possible to amend Article 1155 of the Civil Law.