A B C D E F G H I J K L M N O P Q R S T U V W X Y Z All
Abedian Kalkhoran, Seyyed Hassan
- Relativity of the Child Born through Artificial Insemination from the viewpoint of Jurisprudence and Islamic Law
Authors
1 Department of Jurisprudence and Principles of Islamic Law, Qom Branch, Islamic Azad University, Qom, IR
2 Medicine, Quran and Hadith Research Center, Baqiyatallah University of Medical Sciences, Tehran, IR
Source
Journal of Ecophysiology and Occupational Health, Vol 19, No 3&4 (2019), Pagination: 96–101Abstract
Artificial insemination is one of the wonderful phenomena of the modern world. Considering that this discussion has not been specifically discussed in the jurisprudential subjects of the early jurists, it can be the source of various jurisprudential and legal issues. In the beginning, some of the jurists believed in the absolute prohibition of all forms of artificial insemination and some great authorities as sources of imitation considered wife and husband’s artificial insemination unlawful. However, with the recognition of this issue by some other sources of imitation and legality of the relativity of the child born by artificial insemination is subject to numerous theoretical disputes that raised new perspectives and led to reconsideration of the religious statements. Therefore, the present paper seeks to investigate, study further jurisprudential and legal sources to clarify the legal provisions related to such persons and while respecting their rights, it would prevent the presence of unidentified and derelict children in the community. Because by careful consideration of children born by artificial insemination and the legitimacy of these children in all forms of inoculation, it is possible to take a major step towards eliminating discrimination and preventing further problems in the Islamic society.
Keywords
Artificial Insemination, Benefit, Relativity of the Child.Full Text
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- Vegetative State from the Perspective of Islamic Law
Authors
1 Department of Jurisprudence and Principles of Islamic Law, Qom Branch, Islamic Azad University, Qom, IR
2 Department of Medical Ethics, Baqiyatallah University of Medical Sciences, Tehran, IR
Source
Journal of Ecophysiology and Occupational Health, Vol 19, No 3&4 (2019), Pagination: 102-107Abstract
The death of the cerebral cortex is a particular type of brain death that occurs after the destruction of the cerebral cortex (the hemispheres of the brain). It is said that the individual has gone through a vegetative state. This cortex is responsible for controlling voluntary activities of the body. This condition is caused by a coma (anesthesia), and sometimes the individual remains in this state for several years. Although the person looks awake, his/her eyes are open and has some involuntary movements, there is no signs of mental and cognitive function. Moreover, the individual is physically in a state of dementia. Coma is a state in which a person cannot be awakened and does not respond to any stimulation including pain. Generally it lasts few days to a few weeks, after which some patients gradually recover, but some permanently lose all brain function (brain death), while others evolve to a vegetative state (VS). Patients in VS are unconscious and unaware of their surroundings, but they continue to have a sleep-wake cycle and can have periods of consciousness. They are able to breathe spontaneously, retain their gag, cough, sucking, and swallowing reflexes. They often look fairly “normal” to families and friends who hope and pray for their full recovery. Laws and regulations in Islamic countries originate from popular jurisprudence. Therefore, by arguing that the well-known principles of Islam are necessarily legitimate, the phenomenon of vegetative state has been recognized. Jurisprudents have conflicting opinions on brain deaths and these perspectives cannot be considered as a widespread legal basis at the level of macro policy for administrative, medical and judicial affairs. In criminal law, maniac has no criminal responsibility because the punishment is not in line with the purpose of punishment. Consequently, restrictions will be imposed on the patients. Therefore, it can be concluded that a person with vegetative state is compatible with the insanity.
Keywords
Brain Death, Cortex, Islamic Law, Vegetative State.Full Text
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