جستجوی مقالات مرتبط با کلیدواژه "نجات جان" در نشریات گروه "فقه و حقوق"

In Islamic jurisprudence, the subject of organ donation and transplantation has been carefully examined in light of the religious rules. The issue of organ donation is an important religious topic that was not addressed in the time of the Prophet Muhammad (PBUH) or even the early Islamic jurists in its current form. Considering the scientific advancements in medical science and the deep connection between Islamic jurisprudence and human health, the religious ruling on organ transplantation has become a major concern for Islamic societies. Contemporary jurists, based on Quranic verses, narrations, and an examination of jurisprudential rules and texts, have presented different interpretations regarding the permissibility of organ transplantation. In the Iranian Civil Code, the topic of organ donation and transplantation is independently regulated under the section titled "Organ Donation and Transplantation." According to the Iranian Civil Code, organ donation must be voluntary and with full consent. On the other hand, organ transplantation requires meeting certain conditions, such as the absence of a serious risk to the health of both the donor and the recipient.

Contemporary jurists have presented different viewpoints about the permissibility and impermissibility of organ donation according to the verses and narratives and the examination of jurisprudential texts. According to the findings of this study, the organ includes any part of the body such as cells, tissues, and bones along with meat. In addition, the primary ruling on organ donation is based on the principle of Ibahah (permissibility) because there is no reason for it to be haram (prohibited) and the title of loss is not true for any type of organ donation. In this research, by referring to the verses, narratives, rulings of reason and the taste of the Shari'ah, which is based on the verbal appearance of all the arguments, and its validity is a customary and documented matter according to the way of reason, the sufficient obligation of organ donation has been proven. By looking at a set of narratives such as narratives regarding helping the believers, oppressing and humiliating a believer as a haram act, avoiding harm from the believer, taqiya ( a precautionary dissimulation or denial of religious belief and practice), narratives of false swearing to save life, property and the believer, narratives of opening a corpse's stomach to remove the fetus, narratives about the prohibition of not answering the believer, as well as looking at the issue from the perspective of government jurisprudence and government ruling, it is confirmed that the sufficient obligation of organ donation to save the life of a Muslim and to meet the needs of a person who is living a difficult life is part of the religious will of Share’e (lawmaker).

To rescue persons in peril is one of the best acts that in addition to ethics, Islam also emphasizes too much on it. The Holy Quran and sayings of Imams are full of commands to assist each other. Shiite scholars have also considered it mainly in the form of some traditional assumptions, for example "the feeding of those who are in distress". In these hypotheses, they have purported requirements of the duty to rescue another in peril in Shiite jurisprudence. The opinion of most jurisconsults is that saving the lives of others in peril is obligatory. However, most of them have not indicated to the remedies of failing to rescue. In the meantime, some contemporary jurists refused the criminal responsibility, while few of them believed in civil responsibility. This article will survey the opinions of Shia' scholars about responsibilities for failing to rescue another in peril. Furthermore, the Islamic Penal Code of 2013 will be studied from this perspective.