"IJAYAT-E GEYR-E MOSTAQARR" AND CEREBRAL DEATH: A COMPARISON ACCORDING TO ISLAMIC JURISPRUDENCE

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Author(s)

NAZARI TAVAKOLI S. | Issue Writer Certificate

Keywords

Not Registered.

Abstract

This essay tries first to define life as an acceptation of the spirit.Then, the meaning of "hayāt-e mostaqarr" (lit.: stable life) and "hayāt-e geyr-e mostaqarr" (lit.: stable life)is investigated according to Islamic jurisprudence, and compared to the case of cerebral death, which is also quoted in legal texts. In the state of "hayāt-e geyr-e mostaqarr", the body is not anymore able to accept the spirit; but in case of cerebral death, although the brain is disabled, the body is still able to accept the spirit because the blood circulation and the respiratory apparatus are still functioning, either artificially or naturally. Therefore, a person in a state of cerebral death is still considered as alive and legal dispositions concerning inheritance, testament, religion, marriage and crime apply to him, whereas someone in state of "hayāt-e geyr-e mostaqarr" is considered as a dead person.

Cites

آثار حقوقی مرگ مغزی

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Cite

APA: Copy

NAZARI TAVAKOLI, S.. (2003). "IJAYAT-E GEYR-E MOSTAQARR" AND CEREBRAL DEATH: A COMPARISON ACCORDING TO ISLAMIC JURISPRUDENCE. MAQALAT WA BARRASIHA, 36(73 (3)), 87-105. SID. https://sid.ir/paper/13706/en

Vancouver: Copy

NAZARI TAVAKOLI S.. "IJAYAT-E GEYR-E MOSTAQARR" AND CEREBRAL DEATH: A COMPARISON ACCORDING TO ISLAMIC JURISPRUDENCE. MAQALAT WA BARRASIHA[Internet]. 2003;36(73 (3)):87-105. Available from: https://sid.ir/paper/13706/en

IEEE: Copy

S. NAZARI TAVAKOLI, “"IJAYAT-E GEYR-E MOSTAQARR" AND CEREBRAL DEATH: A COMPARISON ACCORDING TO ISLAMIC JURISPRUDENCE,” MAQALAT WA BARRASIHA, vol. 36, no. 73 (3), pp. 87–105, 2003, [Online]. Available: https://sid.ir/paper/13706/en

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