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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2018 , Volume - , Number 15 #f00633; Page(s) 0 To 0.

Review of Article 365 of the Islamic Penal Code Approved in 1392 (Ethanasi) from the Perspective of Islamic Jurisprudence

Author(s):  Khosravi Kazem, Daneshvarsani Reza, Asghari Abdolreza
ethanasi, translated into Farsi with terms such as sickness with pity, medical illness, accelerated death, mourning for mercy, death and sweet death, etc. In one of its examples, intentional deprivation of life from one Patient with severe illness is defined on his request. In the context of euthanasia, there has been a lot of moral debate that some of them regard as contrary to the high morals and dignity of humankind, and in contrast to others, they do not see it in the context of morality. In any case, regardless of ethical issues, it seems that the Iranian legislator, by virtue of Article 365 of the Islamic Penal Code approved in 1392, considers euthanasia as a coincidence with other killers who claim retaliation. Since it is voluntary in euthanasia or pious murder, the consent of the person to his murder on the other is the basis of the discussion, this phenomenon is more controversial among the jurists. Therefore, the jurists who consider the right of qisas first and foremost to be innocent against him consider his consent in the fall of the Qisas. In contrast to the jurists who consider the right of qisas first and foremost to the victim's heir, it is natural to regard the consent of the criminal against him before his death, and regard the killing of this person, even if he is satisfied, with retaliation for qisas. As we study the books of jurists and inquiring into the arguments of their supporters and opponents, we conclude that while distinguishing between the ruling and the state of affairs, the permission of the person to be murdered actually prevents the establishment of the right of retribution, so Who, despite this permission, will not have any right to retaliation against the returnee or his parents. Therefore, we do not find any evidence of the opponents of Euthanasia so powerful and fundamental that it could be relied upon as a retribution to Euthanasia. Therefore, it is desirable that our legislator, in the light of the rich jurisprudential support in this regard, and the necessity of a differential treatment of these people with other killers in the relevant laws, should be comprehensive, more specialized, and more efficient.
Keyword(s): Euthanasia,Pious slaughter,Satisfaction,Limit,Retribution,Ta'zir
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