Analysis of the Payment of Ransom in the Intentional Homicides of Euthanasia by a Physician or Medical Staff in the Light of the Qur'an and the Rule of Justice

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Purpose

The present study tries to study and analyze the issue of payment of diyat in intentional murders of euthanasia by a physician or medical staff with emphasis on Quranic, jurisprudential and Iranian law, in order to clarify this issue through these legal and jurisprudential rulings to be.

Methodology

This research has been done by the method of library studies and in a descriptive-analytical method, which has been obtained and analyzed by referring to Quranic, narrative, legal and jurisprudential texts.

Findings

Euthanasia, which means "good death", is a condition in which the patient dies naturally and calmly at his own request. People who are in this type of death are more likely to have the characteristics of an incurable patient or a person suffering from a severe mental illness (major depressive disorder, etc.) and to be satisfied, such as physicians or nurses or family members. Ask them to help them die. Now there is the question that if the doctor or the medical staff kills these people out of pity and compassion and with the consent of these people, should they pay a ransom or not? By referring to the books of the great jurists, it is obtained that a kind of fame but also a higher consensus has been formed in this field, based on retribution and that the killer will be the only retribution in the face of multiple murders. But when this Shari'a ruling is presented to the rule of justice, the question arises in the mind against which this kind of retaliation takes place. The general provisions of the Qur'anic principle "How can the soul be transformed" now? Based on this, the researcher's hypothesis is that the necessity of the rule of justice, but also the necessity of other Qur'anic and religious evidences in various premeditated murders, is the ruling to pay diyat in addition to qisas. Because in the premeditated murder, several people are killed and the families of the victim are harmed in two ways, that qisas covers only one aspect of it, and the aspect of compensation and payment of diyat remains, and on the other hand, the murder is faced with only one soul. And other populations do not receive a clear answer. One of the most important findings of the research is that the rule of justice as a basic and pivotal rule in relation to sharia rules and by observing the element of time and place can have a special and accurate help in reading and explaining sharia rules.

Conclusion

Based on the general Qur'anic verses and rules and legal and jurisprudential principles and rules, especially the rule of "justice", it can be said that non-payment of blood money in numerous euthanasia murders by the perpetrator, contrary to Qur'anic justice and fairness, contrary to public order and expediency. It is jurisprudential and justice requires a ruling to pay diyat.

Language:
Persian
Published:
Journal of Quran and Medicine, Volume:7 Issue: 4, 2023
Pages:
53 to 62
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