Document Type : Original Article

Authors

• Mohammad Ishaghi ¹
• hamed hoseini ²

¹ Assistant Professor, Department of Jurisprudence and Fundamentals of Law, University of Tehran, Tehran, Iran

² Phd student in jurisprudence and fundamentals of law, University of Tehran, Tehran, Iran

Abstract

While public opinion is not satisfied with differentiating between premeditated murder and euthanasia, and in regard to its being rationally contradictory as well, one should employ the imamiah jurisprudential potentials and Islamic Penal Law in order to obtain a scientific and sharia- based conclusion in one’s jurisprudential and medical rights research. Despite the absence of its precedence in Islamic jurisprudence, euthanasia can be investigated in areas dealing with the necessity of rescuing the drowning persons or ordering and abhorring murders on the issue of qisas (Islamic retribution) and the results can be attributed to the case in question. In jurisprudential arguments, consent and order to murder are under scrutiny with subsequent controversial opinions. Euthanasia, having root in the individual’s consent, falls under none of the legal exceptions and is an example of intentional murder, unless it falls within the scope of Act 268 of Islamic Penal Law that refers to exceptions.

Keywords

• Euthanasia
• Jurisprudence
• Obligatory Order
• Situational Law