Medical Figh

Background and Aim: In the past, coma was often considered a disease, and in some cases, dementia due to a disease, and the patients’ rights were explained accordingly. But this general concept is no longer valid today. Various types of unconsciousness have been defined and the causes and coordinates of each have been explained. The present research was conducted while paying attention to the jurists’ views and arguments and by referring to specialized neuroscience texts, with the aim of explaining the concept of lack of consciousness and its different types and the need to review these patients’ rights in Islamic jurisprudence.

Materials and Methods: The present descriptive-analytical and interdisciplinary research is fundamental theoretical based on the objective. It is also based on the data of traditional medicine, Islamic jurisprudence and neuroscience. Data has been collected by a library method and their analysis has been done qualitatively.

Conclusion: In this research, while explaining the viewpoints of jurists of Islamic religions and new neurosciences, it was concluded that most jurists considered coma to be a disease caused by various factors, while others considered it to be dementia due to a disease. These two approaches, which are actually the same and in both cases, coma is not an independent disease, are very general and have no precedent. Today, the definition of consciousness and the different states of loss of consciousness and its causes have been explained and scaled to a great extent, and treatment methods have also been discovered in various cases. Even as we know, unconsciousness is needed for surgery. Based on this, it is necessary for jurists and scientists to redefine the special rulings of this field according to the existing facts and medical science in order to achieve the patients’ rights.

Background and Aim: Infertility is one of the most important problems of human societies, and medical knowledge has been able to solve this problem to some extent due to many advances. One of the most important achievements is embryo freezing that was created from the in vitro fertilization of the parents’ germ cells in extra uterine conditions and with a medical process. Embryo freezing and storage in freezing banks has faced many issues, one of which is legal challenges. The purpose of this research is to investigate the disagreement of parents in choosing a uterus for implantation of a frozen embryo in Iranian legal system.

Materials and Methods: This descriptive-analytical research aims to qualitatively analyse the verses of the Holy Quran and the opinions of lawyers, jurists and doctors regarding the differences between the parents’ frozen embryo in implantation in the mother's and non-mother's wombs in Iranian legal system by referring to documents and library resources.

Conclusion: Based on the studies on the difference in the place of embryo implantation and different views regarding the determination of the authority’s the frozen embryo, it was determined that the couple (the owners of the gamete and the two forming factors of the embryo) are jointly authority. By stating the types of relationship between parents and the fetus, it was explained that there is a new relationship between them, that is, the relationship of dominion and possession of trust and exclusive right. Considering the right to the physical and mental health of the fetus, the right to life, the right to implant in the mother's womb, the psychological effects of implantation in the mother's womb on the fetus, the place of the womb (the interest of the fetus) and the rules of harmlessness and non-harmful in assuming fetus’ or mother’s health and not health at the implantation site, a womb is chosen that is a stable place for the fetus and ensures its health and protection according to the verses of the Holy Quran. In addition, it was found that a frozen embryo is not property, so it cannot be inherited.

Background and Aim: In this world, the tradition and law of life and death is such that people may get diseases during their lifetime for some of which there is medicine and treatment, but for some others that are incurable, despite the progress of medical science, medicine is not discovered. Accordingly, in some western societies, in the case of patients who are desperate to recover, a relative or a doctor or a nurse kills them with their permission under the illusion of compassion. This action is known as euthanasia or killing out of compassion and it has six types: 1- Voluntary active euthanasia; 2- Involuntary active euthanasia; 3- Forced active euthanasia; 4- passive euthanasia; 5- Indirect euthanasia; 6- Assisted suicide. Since the study of each of these types of euthanasia requires an independent research, and considering that active voluntary euthanasia is one of the examples of murder, in this research Shafi'i jurists’ views regarding the ruling and its consequences in terms of proving or not proving retribution, blood money, expiation for murder and Ta'zir have been studied.

Materials and Methods: Since this research is in the field of human sciences and jurisprudence issues, the collection of data has been done using a library method and a descriptive-analytical approach. First the concept of voluntary active euthanasia has been described and explained from reliable sources and records, and then its verdict and effects have been analyzed based on Shafi'i rules and opinions.

Conclusion: By summarizing Shafi'i jurists’ opinions and reasons, it becomes clear that preferred view implies the fall of retribution and blood money in voluntary active euthanasia, but they consider the atonement of murder and Ta'zir to be fixed in it.

Background and Aim: Sometimes parents want their child's birth to be registered on a certain date and they request early delivery without valid medical reason. From the point of view of medical science, changing the birth date brings complications and risks for the mother. Now this question is raised: Is it possible to endanger the mother’s life and health by interfering with the delivery time?

Materials and Methods: This descriptive-analytical article was conducted with a library and documentary method. In order to obtain a decree of elective cesarean section, taking into account the physical personality of the mother, the evidences of two possibilities "permissibility" and "non-permissibility" were presented. The evidence of the verdict in favor of permission was rejected with the expression "contradictory answer". Then, according to the importance of preserving the life and health of the body in the verses and traditions, the ruling of "non-permissibility" of elective cesarean section was proved.

Conclusion: The results indicate that from a medical point of view, changing the date of birth brings complications for the mother; including infection, bleeding, damage to internal organs, etc. From the point of view of jurists, parents cannot endanger mother’s health and life and harm her physical personality by choosing the desired date of birth of their child.

Background and Aim: With entering the new technology into daily life, there is a need to extend legal rules to it. The new virtual space of Metaverse can be a place for committing criminal acts. In this research, the damage caused to the physical integrity of Metaverse users has been studied, and its purpose is to explain the criminal responsibility of users in this regard.

Materials and Methods: This research has been carried out by analytical-descriptive method.

Findings: All intentional crimes in the Metaverse are considered criminal offenses and their punishments are mentioned in the law. Crimes committed can be intentional or unintentional depending on the degree of knowledge of the possibility of crime. Imamiyya jurists emphasize the need to remove criminal liability from people without malicious intent, and contemporary jurists, such as Sunni jurists, emphasize the authority of the Islamic ruler to punish offenders. Some Sunni jurists believe in that even in the absence of malice, if the offender is aware of the possible criminal consequences of his action, he deserves to be punished. Since there is a measurement criterion for probability, it is possible to punish the perpetrator of a criminal act by determining a certain limit, even assuming the absence of malice.

Conclusion: Damage to the physical integrity of Metaverse space users, under certain conditions, is a criminal offense and must be punished. In a situation where a pure mistake has been committed, the penalty can be intensified. In order to prevent the occurrence of crime, the users of this space should be given necessary and specialized training. Also, all these concerns can be resolved by establishing specialized legal laws.

Background and Aim: Todays one of the problems and concerns is the couples' infertility, which always affects families and society. In this article, we have studied the legitimacy and feasibility of "childbearing contracts". Contracting childbearing in a special sense is the establishment of a human production bank for infertile couples to produce and raise children by concluding contracts. It is very necessary to deal with this issue in order to regulate and strengthen family relationships and to protect the parties’ rights and obligations and its effect on maintaining the general order of the society.

Materials and Methods: This analytical-descriptive research aims to explain the differences in the contemporary Imamiya jurists’ views in response to the question of what are the jurisprudential bases of contemporary Imamiya jurists on the legitimacy of contracting childbearing by referring to library sources.

Findings: Some jurists consider it permissible and correct to enter into childbearing contracts based on the requirement of artificial insemination and having a legitimate rational benefit, and others believe that such contracts are invalid due to the impermissibility and sanctity of all types of artificial insemination. However, assuming the formation and freezing of a laboratory embryo to transfer it to the applicant's uterus or surrogate uterus, the treatment centers and owners of sperm and eggs will be entitled to receive compensation as part of the treatment process.

Conclusion: The results indicate that childbearing contracts do not conflict with the requirements of the marriage contract, and such as sperm and ovum purchase and sale contracts and womb leases, are valid and enforceable according to the well-known basis of Imamiya jurists. However, the contract for the purchase and sale of laboratory embryos is invalid due to the lack of ownership.

Background and Aim: Foods which are genetically modified by domestic producers or multinational importers may have many risks for people's health, which are quite evident in the long term. The current research aims to investigate the responsibility of companies with double residence active in the field of transgenic products.

Materials and Methods: This research carried out by analytical-descriptive method.

Conclusion: From a jurisprudential point of view, due to the rules of Waste (Itlaf) and Causation (Tasbib), the companies importing transgenic products are responsible for the physical injuries caused to citizens. In the legal rules, the responsibility of pure error is considered for the activists of this field. In addition to domestic manufacturing companies, importing companies are equally responsible. The double residence of the company has no effect on the type of liability and due to the commission of all or part of the crime inside the country, the judicial system of the Islamic Republic of Iran has the authority to prosecute these companies. If these actions were taken in line with the interests of the company, the responsibility of the legal entity is also evident. In cases where these products are distributed according to the needs of the society, no legal responsibility is assumed, and in profit-seeking purposes, due to the lack of importance to the life of the Islamic society, more severe punishment is legal.

Background and Aim: Psychological trauma includes disorders in which exposure to a traumatic event is listed as a diagnostic criterion. Trauma has a natural and material reality. Psychiatrists have recently understood its aspects and have considered a separate chapter for it. But its religious ruling has not yet been addressed. Of course, the religious ruling on cases such as loss of intellect has been stated in jurisprudence, but it is clear that traumatic disorders do not reach its level. Therefore, given the prevalence of its occurrence in crimes and the lack of the necessary jurisprudential examination, it is important to address it and analyze it jurisprudentially.

Materials and Methods: The present research was conducted in a descriptive-analytical method using jurisprudential books and articles. Psychological sources were also used in the thematic analysis.

Conclusion: Psychological trauma disorders are inherent (natural) conditions that is not due to physical complications and consequences of drug use. They are rooted in physiological interactions. Causing these disorders in another is commonly considered an offense and aggression against another. Therefore, according to the waste rule, the injured person has the right to retribution, and since retribution in kind is not possible, the right to pay to compensate for material or physical damage (Arsh) is proven. Also, by carefully examining the hadith of "no harm", it can be proven that any ruling or non-ruling that causes material or spiritual harm - whether this harm can be provided or not - has been removed. Since these disorders do not have a specific blood money in Sharia, according to hadiths, the Sharia judge must select two just people from among the experts to determine the blood money, and they determine it by measuring disorder with loss of intellect - which has a specific blood money - or other methods. In our society, this work is carried out by forensic experts under the order of a judicial authority.

Background and Aim: One of the most important factors of infertility is the wife’s inability to carry the fetus for various reasons, including the health of the uterus. In such cases, infertility specialists recommend the use of a “surrogate uterus”. The most important problem for couples who are forced to choose this method to have children is finding a woman qualified to play the role of a fetus carrier or so-called “surrogate mother”. In the absence of a specific legal and jurisprudential ruling and a cultural and customary framework in this regard, close relatives even the couples’ mothers, if they are physically healthy and ready to carry, are usually the primary options. This choice is generally due to complete familiarity with the psychological and physical conditions, greater compassion for the fetus, availability and better control, commitment to mutual agreements, and the fact that the carrying of the fetus is free of charge.

However, the question is whether the couples’ mothers, given their first-degree relative relationship with the owners of the eggs and sperm, can be responsible for carrying the fetus as the women who own the womb? In other words, is it legitimate for the couples’ mothers to play a role in this method? This study aims to examine the various aspects of this issue and to find an appropriate answer based on Imamiyyah jurisprudence criteria.

Materials and Methods: This article has been conducted with a descriptive-analytical approach, using documentary methods and library resources.

Conclusion: Despite the silence of some jurists and the others’ opinion regarding the principle of innocence and consequently the permissibility of using couples’ mother’s womb, this research, based on some Imamiyyah jurisprudence criteria, including the necessity of preserving lineage and its rights, having healthy sexual relationships, observing the rules of breastfeeding and religious principles, and definitive agreement with the lawgiver’s intention, has concluded that it is not permissible for the couples’ mothers to play a role in this method and to raise the fetus in the grandmother's womb, and accordingly, it is inevitable to announce the legislator's position in this regard.

Background and Aim: Determining the maximum pregnancy time has various effects and consequences in different branches of jurisprudence, including the attachment of a newborn after the wife’s divorce. If the newborn is born before the maximum gestation period, it will be justified to join the couple, otherwise it will not be possible. A study of the Imamiyyah jurists’ opinions shows that there are three theories regarding the maximum pregnancy time: the theory of nine months, ten months, and one year. Each of them has its own documentation and reasons. The legislator has accepted the theory of ten months in Articles (1158) and (1159) of the Civil Code. This study aims to examine the Imamiyyah jurists’ views regarding the maximum pregnancy time.

Materials and Methods: The present study was conducted using a descriptive-analytical method and using original jurisprudential and medical sources, as well as library and documentary sources.

Conclusion: Analysis of jurisprudential principles and examination of medical data show that although the maximum duration of pregnancy is nine months in most cases, since this period can last up to a year and it has also occurred, it is necessary to consider one year as the maximum duration of pregnancy and the aforementioned legal articles to be amended on this basis.

Background and Aim: The intention to create is the pinnacle of subjective satisfaction in contracts, and the legislator has considered the presence of intent for its realization, along with explicit expression by the contracting parties, as one of the conditions for the validity of transactions. However, today, there are many psychological disorders that, by influencing the intent and will of the parties involved, remove it from the sphere of legal validity. Social anxiety disorder is a psychological disorder where the fear of negative evaluation by others is the primary factor causing it. This factor disrupts cognitive functions and, in severe cases, may impair an individual's decision-making ability. In this research, we seek to answer the question: What is the status of the validity of transactions for individuals with social anxiety disorder?

Materials and Methods: This study has examined the subject from a jurisprudential perspective with a descriptive-analytical approach. The data have been collected through a library research method, and the primary sources are books and jurisprudential articles. In the context of psychological aspects, psychological resources have also been used.

Conclusion: Negative emotions and post-event rumination in patients with high levels of social anxiety disorder detach the individual from the transactional situation they are in, leading to a lack of balance and stability in behavior and decision-making. As a result, the transactions of these patients, assuming the absence of intent to create legal effects, are deemed invalid. However, at a controllable level of social anxiety, the principle is that the transactions are considered valid.

Background and Aim: With advancements in medical science enabling the diagnosis of fetal diseases in the womb, contemporary jurists have accepted therapeutic abortion in specific cases before ensoulment. However, in cases involving serious and exceptional exigencies, such as a fetus diagnosed with conditions like Trisomy 13 (Patau syndrome), the acceptance of fatwas conditional upon ensoulment faces significant doubt. This research seeks to answer the question: Does the permissibility or impermissibility of therapeutic abortion for a fetus with Trisomy 13 retain relevance after ensoulment?"

Materials and Methods: This descriptive-analytical study tries to investigate and analyze the permissibility of aborting fetuses diagnosed with Trisomy 13 (Patau syndrome) after ensoulment by referring to jurisprudential and narrational sources.

Conclusion: After reviewing the existing foundational principles relevant to the research subject, it appears that the nature of the fetus differs from that of a child. When proving harm or undue hardship—which justifies the permissibility of abortion—it makes no difference whether the fetus is in the early months (before ensoulment) or after it. However, what is critical is confirming the fetus’s affliction through evidence that establishes strong suspicion or near-certainty.