Medical Figh

Background and Aim: Some women congenitally or due to illness have no uterus and are unable to conceive. But fortunately over the last decade it has become possible for them to become pregnant through a uterine transplantation. The purpose of this study was to jurisprudential investigated of uterine transplantation.

Materials and Methods: This article is written by descriptive-analytical method and using library resources by taking notes.

Conclusion: Some believe since uterine transplantation is risky for the donor, the reciever and the baby and it is not life-saving, and the woman without a uterus is able to experience childbearing through alternative methods, this practice is morally unacceptable. However, by studing the rules and principles of jurisprudence, it can be said that uterine transplantation is justifiable. It is worth noting although uterine transplantation is risky for the donor; this amount of risk can be justified by reasons such as the principle of dominance. Also, the sanctity of the harm to the reciever is lifted based on rules such as urgency, denial of hardship, etc. It should be noted that although there are alternative methods of childbearing for women without a uterus, but for some people, these methods are not desirable and they prefer the fetus to be in the wife's uterus. From a jurisprudential point of view, human beings have the right to have children, and since Permission in the object is also considered permission in its accessories, therefore uterine transplantation as a prelude to having children in a person without a uterus is allowed.

Background and Aim: Nowadays man's relationship with his "body parts" is very important in solving some emerging issues such as mortgage of non-main body parts. Determining the type of relationship and its scope, by finding the jurisprudential-legal roots as well as paying attention to the property of the body parts during life, are among the issues that should be re-examined. Today, unstable economic conditions and poor living conditions, especially in homeless families, have caused few people step forward as a guarantee for them in various matters.. Also due to most criminals as an example of imprisoned debtors have economic and livelihood weakness, and it is impossible to prepare blood money for them or their wisdom, and on the other hand, the rightful person wants his rights, the deboter can use some of his (non-main) body parts, as capital that he is now owned and he put in a mortage for paying the blood money by working in the society. Now it is important to examine that, in case of non-provision, according to the rule "permission in the object is also permission in its accessories" there will be this right for the right holder to donate and sell his (non-main) body parts by a legal request and through judicial procedure and introduction to health care institutions?

Materials and Methods: The present study by descriptive-analytical method and by citing library sources examines the feasibility of mortgaging organs according to the mortgage contract elements after examining the property of organs.

Conclusion: Taking into account the jurists’ well-known theory with rules such as "rule of domination", "principle of impropriety", "retaining the same with the satisfaction of interests", "principle of consent of agreements", "rational interests over expediency" and ... legitimacy of pledging living human body parts is verified.

Background and Aim: Establishing criminal liability requires the existence of conditions that the absence of any of them causes the deterioration of criminal liability and accordingly, the deterioration of the punishment of the crime perpetrator. According to Article 149 of the Criminal Code (approved in 2012), if the perpetrator has a mental disorder at the time of committing the crime, in such a way that he lacks willpower or discernment, he is considered insane and is not criminally responsible. However, in crimes against chastity, such as adultery and lewdness which depends on the actions of at least two people, if one of the parties to the relationship lacks the power of reason and intelligence and the other party is a wise and mature person, can a person who has the conditions of criminal liability, according to the insanity of the other party is he exempted from responsibility?

Materials and Methods: The present study was compiled using a descriptive and analytical method and it was tried to investigate the effect of insanity of one of the parties to sexual crimes on the criminal responsibility of the other party (a sane and mature person) by examining the opinions of lawyers and jurists.

Findings: There are two different views among lawyers and jurists about the effect of one of the parties’ insanity of the sexual crime on the liability of the other party. By analyzing and examining these two views, Proponents’ reason of the lack of this effect has been strengthened.

Background and Aim: One of the types of research and actions in the field of human genes is gene editing for the purpose of treating diseases. By discovering a new technology called "Crisperx 9" or gene editor, specialists could treat and save the patient's life by removing or editing undesirable and pathogenic genes in the body. Because genetic is the origin of many human diseases; the research on the jurisprudential decree of a tool that is able to modify genes is an inevitable necessity. This article analyzes the statements of agree and disagree jurists and presents a moderate point of view with the aim of studying the jurisprudential decree of genome editing for therapeutic purposes.

Materials and Methods: The present research has organized by descriptive-analytical method and reference to library sources through file collection.

Conclusion: The jurists have different opinions on jurisprudential decree of using genome editing technology. The authors concluded, by considering the evidence, that the necessary changes in the human genome with the motive of treatment to the extent that it provides the means for his physical and mental improvement and does not cause any significant damage, has no contradiction with the divine creation and its permissibility can be justified by citing arguments such as the principle of obscenity, the necessity of self-treatment and self-preservation, the rule of consolation, the presentation of secondary titles, and the encouragement of religion to conquer and discover divine traditions.

Background and Aim: Some crimes that are inflicted on victim’s head and skull can damage the brain and disrupt or completely deteriorate the interests under the control of the brain. In this assumption, victim’s head is accompanied with multiple crimes; the first crime is when the head or skull itself is damaged, and the second crime is when an interest such as vision, hearing, intellect, smell, etc. is affected as a result of the first crime. Although the criminal legislator has enacted legal articles for the deterioration of these benefits, some of these legal articles are in conflict with each other.

Materials and Methods: This article has been written by descriptive analytical method by using library resources through data collection.

Conclusion: The criminal legislator has generally stipulated that if the second crime was committed as a result of the first crime and with a single blow, despite the multiple crimes, it is ruled to interfere the blood moneys. However, by studying the legal articles 678 and 692 of the Islamic Penal Code, it can be seen that the legislator by entering into the loss of the interest of reason and vision as a result of a head fracture, without paying attention to the relationship of the second crime with the first crime or dividing it into single and multiple injuries, has absolutely ruled the multiplicity of blood moneys. This ruling has caused a conflict between the two mentioned articles with the general rule of Article 546 of the Islamic Civil Code; As far as it has confused judicial experts and led to the advisory theory of the General Legal Department of the Judiciary. The present research is trying to prove the sufficiency of the mentioned article for the relevant issues by Jurisprudential evaluation of the rule adopted from Article 546 and to propose deleting Article 678 and amending the second part of Article 692.

Background and Aim: According to the new understanding, epilepsy is a neurological disease, but in the past it was often considered a mental illness and the patients’ rights were explained accordingly. The present research has been done by paying attention to the views of the past jurists and explaining their views, and referring to the specialized texts of neurology and psychiatry, with the aim of expressing the true nature of epilepsy and its difference from mental illnesses and insanity, as well as the need to revise Islamic jurisprudence and regarding these patients’ rights.

Materials and Methods: This research is an interdisciplinary study using the analytical descriptive method and based on the data of traditional medicine, Islamic jurisprudence, neurology and psychiatry. The collection of these data is a library method and the data analysis is qualitative.

Conclusion: In this research, while explaining the viewpoint of traditional medicine and Islamic jurisprudence and the new sciences of brain, neurology and psychiatry, it was concluded that most of the Shia jurisprudents have described epilepsy simply as "Al-Halat al-Ma'hudah". However, the understanding of Sunni jurists and traditional medicine is that epilepsy is a mental or metaphysical disease and is influenced by spirits and jinn, or is affected by body disturbances, and some have considered it similar to coma and fainting. While this understanding is not correct. Because today, epilepsy is considered a neurological disorder-not a mental disorder. So it is necessary for jurists and scientists to redefine the rulings of epilepsy patients in order to realise their rights.

Background and Aim: Establishing and maintaining the family unit in order to preserve the generation and respond to one of the innate human needs is one of the five purposes and necessities of Sharia. Although the principle in marriage contract is to preserve it and prevent the dissolution of the family unit, but this does not mean giving in to married life under any circumstances and divorce is a solution to end this legal system and married life which should be used at the appropriate time without harming the woman. One of the issues disputed by jurists is the correctness of divorcing during woman’s menstruation. A detailed review and analysis of the proponents and opponents’ reasons as well as paying attention to the emotional and psychological conditions of the couple at this time, leads to choosing the correct view.

Materials and Methods: This descriptive analytical study tries to examine the divorce decree and the effect of menstruation on it from the perspective of jurists and medical science and to answer some important questions in this field such as the effect of time and emotional and psychological conditions of couples in using the right to divorce.

Conclusion: The majority of jurists believe that the general decree of divorce is abhorrent according to religious texts and its negative effects, and the use of this right should be done at the appropriate time and under certain conditions. One of these conditions is its non-occurrence during menstruation, which medically has effects such as mood instability, anger, forgetfulness, difficulty concentrating, and dysfunction in the daily life of the woman and the physical, mental and psychological condition of the wife and balance of her behavior can influence the couple's decision. Major jurists consider divorce to be forbidden at this time, but it is correct, while according to religious texts and medical data, it should be said that divorce is forbidden in such a situation and does not take place.

Background and Aim: One of the most important stages of a child′s life is the fetal period. Any conscious and unconscious behavior of the pregnant mother plays an essential role in the physical and mental development of the fetus. If the mother makes bad plans and behaves in ways that harm her physical and mental health, it will have consequences and responsibilities for her. The purpose of this study is to investigate the jurisprudence of the mother's duty towards the right of the fetus’s health.

Materials and Methods: This descriptive-analytical study has collected data related to the jurisprudential foundations of the mother's responsibility in relation to the fetus’s health and hygiene.

Conclusion: Now, the lack of clarification by the legislator brings the ambiguity that the pregnant mother can freely use her will regardless of the fetus’s health. This hypothesis would be rejected due to the general rules governing human actions and leaving human actions and by referring to numerous legal jurisprudence evidences taken from Quran, tradition and rules such as harmlessness, the obligation to avoid possible harm, Tasbib, respect, inviolability of certain things, health as an introduction to take care of the fetus and the jurisprudential discussion of the purposes of Sharia and the possibility of requiring the mother to observe the fetus’s health is inferred.

Background and Aim: Dissolution of marriage by using the defect option or the option of violation of the conditional characteristic is one of the ways to dissolve a marriage when the woman or man has a defect or lacks a qualifying or conditional characteristic during the marriage. The jurists’ famous case attitude and the dissolution of marriage law has made some researchers to investigate the unwritten factors by taking advantage of Manat's resection, which obsession is one of these diseases. The marriage of an acutely obsessive person causes many important goals of marriage to be disrupted. The purpose of this article is to investigate the role of obsessive disorder in the dissolution of marriage during the severity of the disease.

Materials and Methods: This research investigates the possibility of dissolution of marriage with obsessive disorder by descriptive and analytical method and using library sources.

Conclusion: According to the narrative evidence and the rules of harmlessness and non-harm, the prescribed defects that cause the dissolution of the marriage are allegorical in the religion and law. Therefore, it is possible to dissolve the marriage based on the criteria of the prescribed defects in the case of one of the spouses’ obsession disorder. So when the obsession is in a severe state or obsessive madness due to the obstacle and disgust of sexual intercourse, it is possible to dissolve the marriage. Also, due to the custom's emphasis on the spouses’ health, if during the marriage, one of the spouses has severe obsessive illness or obsessive insanity, the other party can terminate the marriage by citing the option of violating the condition.

Background and Aim: One of the important issues in the field of medical jurisprudence is energy drinks. Stimulating and invigorating substances in these drinks, especially sugar and sweeteners, caffeine, special plant extracts, amino acids, preservatives, organic acids and vitamins of group "B" have caused challenges in the field of medical and jurisprudential sciences, despite the fact that it is welcomed by youth and teenagers for the purpose of empowerment and relief of fatigue.

Materials and Methods: This study has been done in relation to the status of energy drinks in the light of jurisprudence rules with a descriptive-analytical method.

Conclusion: By studying jurisprudential views on consumption of energy drinks, we find that among the jurists there are three views regarding the permissibility, severe abhorrence or sanctions and stopping. The results indicate that consumption of energy drinks has different jurisprudential definitions according to the conditions and age groups. Scholars agree that energy drinks are forbidden for unhealthy groups. According to the rules regarding the maintenance of the five necessities, especially self-preservation, as well as the basic rule of “The ruling revolves around its cause, whether it is present or not” and some correct religious texts, it is not only permissible for healthy age groups as they are tonic and invigorating but also recommended.

Background and Aim: The innocents’ narratives (peace be upon them) have always been considered as one of the most prominent sources of deriving rulings. In the thematic division of narratives, some of them include issues related to nutrition, diseases, medicine and their treatment. Meanwhile, there are several narratives with the theme of healing the half-eaten believer. Given that Sharia’s total attention to hygiene and health is obvious and definite, the present article has tried to examine the contents of the mentioned narratives and put them in the criteria of accurate evaluation according to the true and false narrators’ standards.

Materials and Methods: This article was written with a descriptive-analytical method and by referring to library sources.

Conclusion: The narratives about healing the half-eaten believer refer to a type of eating that should be done in compliance with the health tips and issues and away from any possible illness and disease.

Background and Aim: Retribution of the murderer in the insane murder is one of the very important issues that Islamic jurists have expressed theories and rulings about it with specific reasons. Although non-retribution of the murderer in the insane murder is not specified in the verses of the Quran, but there is a narration by Abi Basir from Imam Baqir (AS) about this. The purpose of this research is to compare and apply the verdict of insane murder from the point of view of Islamic jurists and its legal challenges.

Materials and Methods: This research was done with a descriptive analytical method and information collection was done in a library manner. Based on this, while defining insanity from a jurisprudential, legal and medical point of view, the punishment of insane murder has been investigated from the perspective of jurists of Islamic religions, and its legal challenges have been evaluated.

Conclusion: The results indicate that in a case where a sane person murder an insane person, according to the well-known Imami jurists and citing the narration of Abi Basir from Imam Baqir (a.s.) and the meaning of the phrase "La Qawda Leman La Yoqadu Minho" the murderer is not been revenge. This is contrary to the Sunni jurists’ famous opinion, who believe that in the murder of an insane person, a sane murderer will be revenge. This difference in the punishment for the murder of the insane among the Imamiyyah and Sunni jurisprudents is due to the jurisprudence and principles between these religions, and since the definition of intentional murder is certain on the subject of the discussion; therefore, despite the necessity and lack of obstacles, the non-retribution of a wise man for the insane murder becomes exclusive in the case of an insan’s attack and aggression.