جستجوی مقالات مرتبط با کلیدواژه "قواعد فقهی" در نشریات گروه "پزشکی"

With the spread of coronavirus and causing a global pandemic within a short period, various topics were raised about vaccination as one of the ways to prevent it. One of these topics was the requirement for vaccination, which has resulted in many Islamic jurisprudential, legal, and ethical discussions. This paper aims to examine this issue in the scope of Shia jurisprudence principles.

The present study aimed to describe and analyze the views and the evidence and the technique of collecting information is library research.

 The rules against requirement for vaccination include the rules of reluctance, the obligation to avoid possible harm, caution, respect, the negation of hardship and embarrassment, the sovereignty and the principle of non-wilaya, and the rules in favor of the requirement for vaccination, including the principle of public interest, the obligation to avoid possible harm, the principle of the priority of the right to life, and the rule of maintaining the universal system and preventing its disruption.

The arguments in favor of mandatory vaccination considerations are more reasonable and stronger and have a more comprehensive view of the problem, and there is also no legal or religious obstacle.

Preservation of privacy is considered one of the fundamental human rights and has become one of the concerns of human life. Due to the availability of the Internet and virtual space in communities and nations and the increasing expansion of social networks, we are witnessing that this privacy is being violated and assaulted on various pretexts and with various examples. In this research, which was compiled and organized in a descriptive and analytical method, we tried to examine and analyze the violation of the privacy of individuals from the point of view of jurisprudence. , many verses and traditions and jurisprudential rules have been given much attention and emphasis. In addition to the verses and narrations, the bases for the prohibition of violating private privacy can be found in the principle of consolation, the principle of correctness and the principle of abahah, the principle of respect for the privacy and sanctity of the believer, the principle of attention to human dignity and the need for the generality of permission in social relations, which in this article are the basics We examine the jurisprudence of the right to privacy and its relationship with sovereignty.

Abortion refers to the termination of pregnancy before the fetus is capable of survival outside the mother's body. Abortion is forbidden by religion, whether it is caused after marriage, adultery or rape. The reason for this is the emergence of the Shari’ a ruling. The research shows after the enactment of Medical Abortion Law and the issuing permission for those cases approved by three qualified physicians, the death rate of women due to illegal abortions has been reduced significantly. As this law does not cover women who are raped, it is necessary to study the various aspects of pregnancy after rape and the use of jurisprudential rules (hardship and no harm rules).

The research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.

Examination of these rules shows that the legislating body, using the jurisprudential and legal capacities of these two laws, can revise the legal provisions of abortion in case the embarrassment of rape victims is proved. The result is that hardship will not cause abortion.

While the hardship will not cause abortion, the no harm rule will still govern the religious prohibition of abortion, whether the pregnancy is initiated according to religion or through adultery and rape.

Please cite this article as:Firoozpoor Bandpey T. The Role of La-Haraj (Non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. Medical Law Journal. 2023; 17(58): e47.

Using the capacity of jurisprudence and jurisprudential rules in the medical treatment process has been of interest for a long time, and the basis of Shia jurisprudence has been a pioneer in solving many medical and therapeutic legal problems and challenges. In this research, prepared and organized in a descriptive and analytical method, we will specifically examine examples of applying the jurisprudential rule of emergency and emergency during the medical treatment process. The results of the research in this regard confirm that the capacity of the jurisprudential rule of emergency has been used in many cases such as abortion, prescription of drugs, treatment of a patient by a non-mahram doctor, and infertility treatment, and it has been effective in solving the challenges of this field; Similarly, Dor'e jurisprudence rule has been effective and has been used in the medical responsibility of disconnecting the device from a patient suffering from brain death, the cases presented and documented in the theory of forensic medicine and the removal of responsibility from the doctor in seeking the patient's permission. As a result, the jurisprudence rules that have appeared in the rich sources of Shiite jurisprudence since long ago are still useful in many cases in the field of medicine and treatment and can be cited.

The huge annual gathering of Muslims from all countries to perform Hajj is the most beautiful religious ceremony in the world. Therefore, this huge human migration brings the most important challenges in the field of affordability and security in the field of health and hygiene. The new natural coronavirus is about There is not much awareness about its emergence, but it has affected human life in a large way. So far, it has infected millions of people and killed many people. This has caused human life and normal flow on the planet to be disrupted. egarding the obligation of Hajj and the importance of not leaving the Kaaba empty of pilgrims, the ruling on the existence or provision of road capacity as a condition for the obligation of Hajj is not very clear for the obligees, and there are ambiguities such as whether the obstacle is legal or rational, and whether the path is actually or potentially free of obstacles, etc. This has become a topic, therefore, the research "examining the explanation of the global epidemic of Corona and its effect on the obligation of Hajj with a jurisprudential approach" which is an emerging disease, is a problem that needs to be explored to the stage of an answer worthy of attention. The lack of security in the field of health in the land of revelation and the path leading to it to perform the Hajj rituals will result in the lack of financial capacity of the obligees and eventually the Hajj will not be obligatory for them. In this article, after examining the mysterious phenomenon of Corona, which has caused the death of millions of people and is the most important event of the century; By referring to the evidences and narrations in the jurisprudential books, let's discuss the non-obligation of Hajj in situations where there is no security for pilgrims.

The provisions of the marriage contract provide guidelines to support family solidarity and protect the rights of both parties to the marriage, which is both in accordance with the Imamiyyah jurisprudence and in accordance with the law, as stated in Article 1119 of the Civil Code: "A woman may enter into any marriage contract. To act in a manner not contrary to the requirement of the contract." One of these is the requirement to divest property in 1362 in order to provide financial support to divorced women and to compensate for the shortcomings of the law in printed marriages, which some jurists believe to be a misconception of the rights of European countries with little or no involvement. It is seizure. The result of this study is that jurisprudential rules such as the rule of dominion and the rule of condition can be considered as the basis of this condition. On the other hand, due to the ambiguities and deficiencies that exist in this condition, there are problems in executing that, in addition to not providing financial support to divorced women, even cause them to be wandering about their rights and in most cases men being burdened. The responsibility arising from this commitment is shunned. On the other hand, this condition precedes the proverb and the proverb and according to many jurists, women are deprived of the prerogative of the priesthood by earning up to half the wealth of the man. The present study has discussed the disputes on this condition such as the impossibility of the condition, the unclear extent of the couplechr('39')s commitment, the taste of some judges, the problem of proving a manchr('39')s property for his wife, etc. and has attempted to resolve these problems. It can also be argued that the divisive and religious condition of the marriage has provided security and ethics for married life, strengthened this relationship, strengthened family foundations and reduced divorce rates. Certainly identifying the condition for divestment of the couplechr('39')s property is in line with the exercise of citizenship rights.

A healthy environment for living is one of the divine blessings and one of the things that people pay attention to is the soul that is the source of human life; It is taken from a healthy environment, and a healthy environment requires constructive human interaction with them. Today, indiscriminate felling of trees and uncontrolled grazing, and destruction of the environment by humans are examples of this interaction, which unfortunately sees this balance upset. In the new age, God has created man free, but this right should not be in accordance with the rule of no harm, according to which Islam is opposed to harm, our aim in this study is to identify jurisprudential cases of respect for nature and constructive interaction with this divine blessing.

The present study is descriptive and analytical and has been compiled using a library source and using the method of taking notes from books, articles and dissertations.

The findings of this study show that the existing capacities in Islamic jurisprudence are such that verses and hadiths can be used to prove the human right to a healthy environment. In Islamic jurisprudence to use nature, as mentioned God created man free, but against this principle, there is also a harmless rule that warns against harming nature under any pretext, even citing the rule of domination.

The religion of Islam, as the most complete religion, has foreseen all human rules and has thought of measures regarding manchr('39')s relationship with nature. Man is a part of nature on the earth and a member of the organs growing on the body of nature. Human harm to nature is no different from harming oneself. Therefore, in order to protect and enjoy onechr('39')s personal interests, it should not lead to the destruction and harm of nature. In Islam, there are two types of primary and secondary rulings. No harm should be prevented by creating secondary rulings and guaranteeing jurisprudential rules.

The preservation of human life, property and dignity has been a long-standing concern of human societies. In the holy shrine of Islam, emphasis has also been placed on the necessity and necessity of protecting the lives, property and dignity of Muslims. Patient education can be defined as a collection of formal and informal activities provided by health care providers to obtain health outcomes for patients by providing information, skills and knowledge necessary for managing their health and their illness.
The purpose of this study is to explain the need for medical education by the physician based on the texts and rules of Imamieh jurisprudence.
This research has a descriptive-analytical nature which has studied the jurisprudential reference books with a library method and, by reviewing different jurisprudential texts and legal texts, has explained the responsibility of the physician to provide education to the patients.
By reviewing the sources of jurisprudence, the physician's guaranty was studied in the jurisprudential texts. Using jurisprudential rules, the principles of jurisprudence, pride, guidance, annulment, dismissal, and the need to eliminate the probable loss of medical responsibility for the education of patients were investigated and explained.
Based on the texts and rules of the Imamieh jurisprudence, teaching to patients is one of the important duties of the physician. Failure and fault in this area will result in his liability and he will be obliged to compensate for the damages

Upon the emergence of societies, the first relationship that humans needed to establish between themselves was transaction. As time went by transaction turned to one the most vital branches of human basic needs and grounded what we know today as economy. With the development of people's intellectual level economy evolved to more complicated form until numerous theories were offered in order to enhance its level of quality. One of the principles that have been emphasized in recent years is the necessity of transparent and competitive economic system. The article 44 of the constitution, according to Supreme Leader, can be a basis for resistance economy as one of the strategies of foundation of a transparent and competitive economy. Meanwhile one of the most fundamental principles that have been stipulated in the citizenship rights notified by President Rouhani is the principle of support of competitive and transparent economy. This system is influential in the creation of a healthy economy and can serve as a strategy for the realization of the vital principle of resistance economy and citizenship rights. The current essay seeks to see whether jurisprudence can provide strategies and reasons for this task and it seems that jurisprudential principles can offer a correct basis for better implementation of this principle. This study has been conducted based on document analysis and library researches.

The principle of autonomy is the first principle among four Bioethics principles which for the first time in Nuremberg Declaration and after Nazis felonies in mandatory adaption for researches and dangerous tests, it was concerned as a code and guideline of Ethics in research and treatment and afterwards it was affirmed in supplementary declarations and post declaration and international cultural & Bioethics documents and finally it was opened by two western philosophers of Ethics, Beauchamp & Childress and was presented as the first principle of four principles of Bioethics to be a guidance for researchers and physicians dealing with the patients and human subjects. Since there is a reliable bound between jurisprudence and Ethics in the Islamic System and the Ethics arising from humans reason and reason is one of the sources of jurisprudence and jurisprudence is in control of the humans‘ entire life and his/her individual and social relationships, this ethical principle has a place in jurisprudence, in this article we will make effort to review the corresponding principles to the aforesaid principle in Shia’s jurisprudence.