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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2017-winter 2018 , Volume 10 , Number 20 #l00548; Page(s) 119 To 142.
 
Paper: 

Effect of Organ Transplantation on the Loss of Retaliation' Right

 
 
Author(s):  Naser Khaki Hossein*, ASGARI ALI REZA, MORADKHANI AHMAD
 
* Qom Azad University, Iran
 
Abstract: 
The retaliation of a member is a right which, according to the consensus of the Islamic scholars of the Islamic constitutions, can be made subject to conditions, but what is the difference between the members is the effect of organ transplantation on the retaliation of the retribution, whether the transplant is a member of the crime, whether it is a member of the retribution. The origin and the main cause of this difference is a different interpretation from the narrative that exists in this regard. Some consider it as something special about Madnay, and some of it are specially Johnny. In this article, the jurisprudents and the arguments of each argument are discussed. And then the theory of organ transplant authorization was strengthened by a criminal case against, before and after the exercise of the right of retribution, his right to crash, and the impossibility of depriving him of a linkage to a criminal offense by a criminal, and the theory of the authorization of a transplant by a human being and the impossibility of re-enforcing his retaliation. According to the theory of non-cessation of the right of retribution, the law is based on the fact that his right to retribution has been fulfilled with the occurrence of a crime and The action against a member of the transplant does not have an effect on the collapse of this right, and the basis of the theory of permission of a transplant by a person and the right of retributive right to a member of a transplant is that the right of retribution to a member of a person is ongoing and its transplantation has an effect on rehabilitation This is not right.
 
Keyword(s): Organ transplantation,right to retaliation,affection in the retina
 
References: 
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  Persian Abstract Yearly Visit 55
 
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