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Author(s): 

EINI M. | NAZARI ZAHRA

Issue Info: 
  • Year: 

    2014
  • Volume: 

    -
  • Issue: 

    6
  • Pages: 

    107-126
Measures: 
  • Citations: 

    0
  • Views: 

    1717
  • Downloads: 

    0
Abstract: 

The trafficking of human ORGANs is incompatible with the human dignity and undermines the altruistic ORGAN donation. So, globally, two strategies have been considered for combating it in several international and regional documents: the first is PROHIBITION of TRADE and gaining profit through human ORGANs and the second is the criminalization of trafficking of ORGANs and prosecution of the perpetrators. Due to the increasing need of some patients to the kidney transplant, its providing through donation has been considered in Iran, but how to implement this policy by the government needs verifying, due to it may lead to ORGANs TRADE. Need for ORGAN transplant, the poverty of some ORGAN donor, juridical permission of dealing ORGANs, weakness of rules, and… have provided a good excuse for dealers to take action to smuggle ORGAN and especially kidney, while it has not been foreseen the trafficking and smuggling of the ORGANs as criminal in the Iranian legal system. Rectifying these shortcomings, this paper proposes that this TRADE and smuggling to be considered as criminal by the legislators and appropriate responses for the perpetrators, especially for the medical personnel be determined. It is evident that the real struggle with this phenomenon requires altruistic donation of ORGAN donors for patients under the supervision of the health authorities and it can be done by establishing a national ORGANization of ORGAN transplant.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    15
  • Issue: 

    58
  • Pages: 

    34-17
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

Aim: Investigating the relationship between land surface temperature and urban land uses can be used for urban management. However, one of the main problems in this field is the low spatial resolution of thermal images. This research aims to evaluate and select the best existing algorithm for achieving a high spatial resolution of thermal images to investigate and analyze changes in land surface temperature in Region 4 of Ahvaz. Material & method: For this purpose, the split window algorithm was used as one of the most common suitable algorithms to calculate land surface temperature, and SFIM and T sharp DisTRADE algorithms in urban areas were applied to improve spatial resolution. Finding: Results show that the spatial resolution of the output image obtained by Split Window, T Sharp DisTRADE, and SFIM algorithms is 30, 100, and 45 meters, respectively. The T Sharp DisTRADE algorithm presented the output images with very good resolution so that different land uses could be separated according to their surface temperature. Split Window and SFIM algorithms did not provide acceptable results in land use evaluation. Also, the average land surface temperature values obtained from T Sharp DisTRADE, Split Window algorithm, and SFIM are equal to 17.5, 23.5, and 28.25 degrees Celsius, respectively. This temperature difference of these algorithms is due to utilizing the fusion process. Conclusion: As a result, T Sharp DisTRADE algorithm was more effective in improving the spatial resolution of thermal images. Innovation: Innovations of this research are: - simultaneous use of three mentioned algorithms for increasing spatial resolution of thermal images and discovering the best algorithm in this field, which has not been investigated in previous research, - improving spatial resolution of thermal images for evaluating urban land uses by using T Sharp DisTRADE algorithm, and detail investigation of surface temperature changes.

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Author(s): 

AKBARINEH PARVIN

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    13-26
Measures: 
  • Citations: 

    0
  • Views: 

    3125
  • Downloads: 

    0
Abstract: 

With regard to the legal and jurisprudence principals related to family rights‚ it can be noticed that the rights prescribed for the couples or the children are to maintain the integrity and benefits of the family. Although in some cases‚ enforcing rights with in the frame of law and regulations creates a kind of limitation and sometimes injury or loss to other family members‚ yet the rights owner is not deemed responsible if the right is enforced with in the limits of legal and customary rules. The right to break engagement‚ rights related to marriage such as the husband’s right to be the head of the family and divorce right‚ or child custody are amony the cases that might lead to libility or deprivation of the right owner in case of abusing the right or couusing harm or damage to the other party. Article 40 of the constitution‚ too‚ states that noone con enforce hislher right at the loss of another. The civil low prohibits rights abuse as well. The purpose of the presentpaper is to explain the legal grounds regarding the PROHIBITION of family rights abuse. The research method is descriptive –analytical. The results of the inguiry in to the civil law reveal that the criteria for distinguishing rights abuse have not been clearly determined. The refore‚ in making amendments to the civil low‚ it is essential to review the theory of rights abuse‚ especially in the couples’ relations.

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    55-92
Measures: 
  • Citations: 

    0
  • Views: 

    134
  • Downloads: 

    8
Abstract: 

The intellect is the distinguishing feature of man from animals which has not been found anything more harmful than wine for intellect and the descent of man into the position of animalism is the result of that. Wine has always been forbidden in the heavenly religions based on this, however, the time and manner of declaring its PROHIBITION in Islam has led to the confrontation of two viewpoints in the instant PROHIBITION with the intoxicate of sleep in the sense of the state of being intoxicated (Arabic: سُکارَی) in verse 4:43 An-Nisāʾ (Arabic: النساء, An-Nisāʾ) and gradual PROHIBITION with the intoxicate of wine. The findings of this research by a library study and descriptive analytical method indicate the accuracy of the theory of instant PROHIBITION with Quranic, narrational proofs and rational confirmations and historical evidence in declaring the PROHIBITION of wine in Makkī (Arabic: المکّیّ, suras revealed in Mecca) verses in early Biʿtha (Arabic: بِعثة) and its emphasizing in verse 5:90 Al-Maʾidah (Arabic: المائدة, Al-Māʾidah). In contrast, the inaccuracy of the theory of gradual PROHIBITION of wine was proved due to its content contradiction and opposition to the Holy Book of Quran, because it is stated, on the one hand, that wine in the first stage was forbidden during the prayer time with the revelation of verse 43 of An-Nisāʾ, the sixth Madanī (Arabic: المدنیّ, suras revealed in Medina) surah in order to justify the gradual theory with the gradual rational law, but on the other hand, it is stated to the absolute PROHIBITION of wine in its verse 219 and also in some Makkī verses by violating the law of gradualness, by declaring that Surah Al-Baqarah is one of the first Madanī Chapters (suras) according to consensus that was revealed after the Hijrah (Arabic: الهجرة). Consequently, the occasions or circumstances of revelations in Sunni exegeses by negation the intoxication of wine in gradual theory have subjective exit from this verse for the motivation of defense of drinking wine of some people and the unjust attribution to others by incorrect justifying the allowance of wine until the revelation of verse 43 of An-Nisāʾ in Medina. Therefore, the distinction between declaring the PROHIBITION of wine in Mecca in early Biʿtha and the delay of several years of execution of Ḥadd (fixed punishment) of Khmer (the drinking of alcohol, shurb khamr) in Medina in instant theory, in addition to creating strong motivation in leaving and religious final notice has also been a kind of educational method of Islam. While the announcement of the absolute PROHIBITION of wine at the same time as the implementation of its Ḥadd (fixed punishment) with the revelation of verse 90 of Al-Maʾidah from the last Madanī Surahs (Surah Madaniyah) or Madani chapters in the gradual theory is against the educational method expected by them. The unjustifiable consumption of some companions of drinking wine in Medina until the revelation of the PROHIBITION verse in addition to the achievement of the Quranic theory of Saib Tabrizi (Persian: صائب تبریزی, Romanized: Ṣāʾib Tabrīzī) is among the consequences of proving instant theory of the PROHIBITION wine.

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2020
  • Volume: 

    22
  • Issue: 

    67
  • Pages: 

    167-191
Measures: 
  • Citations: 

    0
  • Views: 

    195
  • Downloads: 

    0
Abstract: 

As the reports of World Health ORGANization have proved so far, source of Covid-19 is the zoonotic virus which has been transmitted to human. Consumption of wild animals by humans as a source of nutrition is the main reason of emergence of these deadly diseases which has not only threatened the safety of millions but unfortunately has also put an end to lives of hundreds of thousands. This study through descriptive-analytical method tries to find the possible bases for prohibiting the production, consumption or TRADE of wild animals for nutritional purposes in international law. For this purpose and by legal arguments, it is explained that firstly; the right to food doesn’ t ban these activities. Secondly, obligations of States on prevention of disasters oblige them to prohibit the production, consumption and their TRADE for nutritional purposes. In addition, in case of not finding an explicit basis for prohibiting these acts, States which don’ t comply fully with their obligations in this regard will be presumed internationally liable. There is a lack of an obligation for States to prohibit these activities in order to preserve the biological diversity. Therefore, the conclusion of an international treaty is recommended for putting an end to the current trend.

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Journal: 

UROLOGY JOURNAL

Issue Info: 
  • Year: 

    2004
  • Volume: 

    1
  • Issue: 

    3
  • Pages: 

    157-164
Measures: 
  • Citations: 

    0
  • Views: 

    357
  • Downloads: 

    329
Keywords: 
Abstract: 

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Author(s): 

ALAVI SAYYED YAHYA

Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    1 (1)
  • Pages: 

    25-56
Measures: 
  • Citations: 

    0
  • Views: 

    1907
  • Downloads: 

    0
Abstract: 

Usury is prohibited in Islam and other divine religions. However, the financial system which is common in today's world, especially in West, is founded on the basis of usury. In effect, it is the features present in usurious loans that seduce uncommitted capitalists into preferring this kind of contract to other methods of investment. As a matter of fact, such loans need not be supervised by economic activities, they guarantee the capital itself, and finally they do certainly lead to profitability. Some of the most important reasons for research to be done about the rationale behind PROHIBITION of usury are as follows: spreading new skepticisms and uncertainties regarding usury, taking some usurious contracts out of the realm of usury so that they are no longer considered religiously prohibited (i.e claiming they are not taboo), spreading synthetic contracts, i.e. the ones that are innately usurious loans, and the need to design new contracts with respect to Islam's financial system.The methodology for the present study is analytic and qualitative. In fact, referring to different verses of Quran and various hadiths, and making use of jurisprudential texts and intellectual analyses, the research tries to extract the reason underlying the PROHIBITION of usury, seeking to verify the following hypotheses:1. Loan Usury is prohibited due to cruelty it induces, not because of piety (i.e. not because religion says it is so).2. The reason for loan Usury's being cruel is the transferring of ownership it produces through the loan contract.3. Usury systematically causes disorder to occur for suitable and charitable economic activities.

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Author(s): 

Alizadeh Tabatabaei Seyed Hosein | NOBAHAR RAHIM | AYATI SEYED MOHAMMAD REZA

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    21
  • Issue: 

    81
  • Pages: 

    163-190
Measures: 
  • Citations: 

    0
  • Views: 

    804
  • Downloads: 

    0
Abstract: 

In the international Human Rights, the PROHIBITION of torture is categorical and unexceptional. In Islamic jurisprudence, PROHIBITION of torture is a well-known axiom. The undconditionality of the rule, however, is under doubt and controversy. According to some jurists, in case of conflict between PROHIBITION of torture and a more important precept, the PROHIBITION of torture may be overridden, and therefore torture might be permissible under certain circumstances. Likewise, at the international level, some states have tried to justify torture in certain circumstances under the pretext of fighting terrorism. This paper, based on some jurisprudential principles such as the principle of human dignity, the principle of necessity of respect to all human beings, the lack of any evidence in hadiths related to torture suggesting exceptionability of PROHIBITION of torture, the presumption of innocence and incredibility of any confession induced by torture, argues for unconditionality of PROHIBITION of torture. In addition, the article criticizes arguments suggested to allow torture in certain cases, and concludes that they are not sufficient.

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Journal: 

Bioethics Journal

Issue Info: 
  • Year: 

    2017
  • Volume: 

    7
  • Issue: 

    23
  • Pages: 

    49-60
Measures: 
  • Citations: 

    0
  • Views: 

    1905
  • Downloads: 

    0
Abstract: 

Background and Aim: Science of Molecular Biotechnology or genetic engineering. In addition has benefits and beneficial effects in in the various fields, also has many risks and losses. This present study, the aim of explaining the rejection of according to the principle of the PROHIBITION of loss, that it is of the essential principles of Islam and all of human laws complex, has been done for use the benefits and positive effects of this science.Materials and Methods: In the present review study, using such keywords as genetic engineering, genetic manipulation, and its harmful and beneficial effects in different areas and the principle of negation loss - in PubMed, SID, ISC and Google Scholar databases, the relevant literature were searched and analyzed. Ethical Considerations: Ethical principles were observed in searching and analysis of texts and citations.Findings: In the present study, after review of the definition of genetic manipulation, history and its effects (benefits and losses) and also the concept of loss and its evidence, the relevance of these new techniques and conflict and losses that may result from is be analyzed with the principle of negation loss and in each, the principle of the PROHIBITION of harmless has been introduced as a flexible restriction principle and not as an absolute principle and without restriction.Conclusion: In summing the genetic engineering and its new achievements in the various fields with the principle of negation loss in Islam, we will realize that, where this knowledge can be used in the service of humanity and not trample individual and social rights of human, this science is efficient and useful of course and also will not conflict with the principle of the PROHIBITION of loss.

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Author(s): 

Ebrahimi Shahram

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2024
  • Volume: 

    18
  • Issue: 

    59
  • Pages: 

    685-697
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

Background and Aim: Nowadays, most Western countries are facing a significant decline in ORGAN donation from brain-dead individuals due to the decreasing trend of fatal traffic accidents. This issue has largely created an environment conducive to ORGAN trafficking under the guise of transplant tourism. Notably, the phenomenon of ORGAN trafficking, especially since the mid-1990s, has intensified due to the shortage of transplantable ORGANs, advancements in transplantation technology, ease of communication and transportation, increasing poverty and the vulnerability of ORGAN donors on the one hand and the absence or insufficiency of regulations governing ORGAN donation on the other. Method: The research method employed in this study is descriptive-analytical. In this regard, credible library resources have been used for data collection. Ethical Considerations: Ethical principles and academic integrity were adhered to in this study. Results: In response to the situation, various countries have intervened in two areas—live ORGAN donation and posthumous ORGAN donation by enacting legislation and defining conditions for each within the framework of European legal documents to prevent ORGAN trafficking and protect vulnerable ORGAN donation volunteers from exploitation. Conclusion: Institutionalizing ethical principles in this field, such as the fair distribution of ORGANs, PROHIBITION of ORGAN TRADE and requiring ordinary legislation to conform to human dignity, is an essential and inevitable priority. Please cite this article as: Ebrahimi SH. ORGAN Transplantation and Legal-Ethical Challenges: A Comparative Study of Swiss, French and German Laws. Medical Law Journal. 2024; 18: e47.

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