Barasi Atanazi Dar Hoghough Islam Va Iran
First International Congress of Medical Law, Shaheed Beheshti University of Medical Sciences,Iranian Research Center for Ethics and Law in Medicine 2007 November 15-16
At the beginning of the 21st century, Euthanasia was propounded as an important legal and moral subject; a single definition of Euthanasia is so hard because of so many definitions submitted in this regard, so Euthanasia is defined as follow: ?To kill predominately an incurable patient by physician due to be released and rescued from pain? There are five type of Euthanasia: 1-Active; 2- Passive; 3- Involuntary; 4- Voluntary; 5- Non-voluntary. But some of the physicians assisted suicide as the other kind of Euthanasia. Euthanasia is discussed from three or four points of views: Moral, Medical, Religious and Legal. From legal point of view which is the main subject of this article, in the most countries Euthanasia is deemed as homicide and consent of patient and motive compassion do not explain this action, because two of fundamentals principles of criminal law ?the principle of ineffectiveness consentement la victim and principle ineffectiveness motive in nature of crime?. In Islamic and Iranian law, Euthanasia is discussed and studied from two points of view: 1- from viewpoint of consent to homicide 2- from viewpoint of actuse reus of homicide. From point of view of consent to homicide, some of clergyman and lawman believe that consent to homicide cause punishment (retaliation), so Euthanasia voluntary lacks retaliation. Also regarding actuse reus of homicide, some of the clergy and lawmen believe that homicide is full filled only by action and omission cannot be actus reus of homicide, therefore passive Euthanasia which fulfill through omission, is not considered as homicide. In this article we try to explain Position of Euthanasia in Islamic and Iranian Law by studying jurisprudential laws and regulations.
Active Euthanasia; Allowing to Die; Assisted Suicide; Clergy; Compassion; Crime; Criminal Law; Consent; Ethics; Euthanasia; Homicide; Informed Consent; Islamic Ethics; Killing; Law; Legal Aspects; Laws; Nature; Pain; Physicians; Punishment; Passive Euthanasia; Suicide; Terminally Ill; Religious Ethics; Prolongation of Life and Euthanasia; Prolongation of Life (Bills, Laws, and Cases);
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