فهرست مطالب morteza jalilzadeh

One of the important issues that must be answered in the light of modern jurisprudence and law is the issue of permitting or not permitting the donation of body parts of those sentenced to death and retribution. Organ transplants for needy patients have been proposed in many countries, and in some countries it has been allowed. This issue can be examined from the point of view of jurisprudence and Iranian law, whether the holy Shari'a allows such a thing or not? The chapters of urgency and antagonism are largely related to this issue. Due to the emergency situation in the Islamic society, the permission to remove the organs of those sentenced to death, whether they are dead or not, will be in the operating room. The issue can also be examined from another perspective. In the absence of an emergency, in involuntary executions, the convict may be exterminated in the operating room instead of on a rope, because retaliation with a sword is intended to prevent persecution. His transplantable members can also be used. Of course, in this case, his permission is a condition. This is in accordance with Article 47 of the By-Laws on Execution of Limits on Limits, Deprivation of Life, Amputation, Retribution and Injury, Diyat, Whipping, Exile, Denial of Knowledge, Compulsory Residence and Prohibition of Residence in a Certain Place or Neighborhoods Is allowed.

In 18th and 19th centuries, American private prisons appointed condemned to hard works and used much benefit of prisoners but this cheap labors had very few facilities. Since the late 1970s, a new form of private prisons arrived to arena of prison. Although the prisons didn’t have problems of privateprison but created new disadvantages. The disadvantages of human rights were very high and even more tragic as the traditional private prisons. In Iranian law, privatization of prisonwas followed by Adel Abad and Vakil Abad prisons. But problems aroused it closed the way for the privatization of prisons.

Necessary murder was not discussed specially among Jurists, but some of them debated to this subject, among are Jurisprudential issues for the commission of murder and they said necessity isn’t license to commit murder. Their main reason is Rule of La Taghiyeh Fi Dema. However, they accepted to this general rule and in some cases, they allowed murder committed in necessary condition. One of these exceptional required the general conditions that among them we can pointed to the certainly death danger for person in necessary condition, person in necessary condition doesn’t has out law (Yaghi and Baghi), the murder commission was permitted until existence of necessary condition. Cases that necessary murder is authorized consisted of: 1- murder as necessity to food belonging to another person. 2- Necessity for killing fetus that has Soul. 3- Duress to murder. 4 Necessary murder in contention duties at crowd out important 5- Necessary murder for protecting of important person’s life. In this article, we tried to making clear every one of mentioned above cases with leaning on the religious jurisprudence texts.