A comparative analysis of Aghaz and Tarhami illness in jurisprudential discourse

Document Type : Specialized scientific

Author

Assistant Professor, Department of Criminal Law and Criminology, Payam Noor University, Tehran, Iran

10.22034/ls.2024.100629.1032

Abstract

Euthanasia and euthanasia out of pity (accelerating the death of terminally ill or incurable patients) are among the cases of impermissibility of murder in Sharia law and are examples of intentional murder. Some people consider this phenomenon as a benevolent, moral and permissible goal by emphasizing the right of a person to choose to die and the right to die with dignity. But from the point of view of jurisprudence, due to the value of the life of creatures and the extreme sanctity of murder; Merciful euthanasia is considered suicide and is absolutely not permissible, even if it is out of pity and hastening the death of an incurable patient, it is haram. In Islam, the dying patient not only does not own his body; Rather, such a person is not the owner of his own property. And if the doctor makes a decision based on his statements in such a situation, it is far from reason and logic, and one cannot commit suicide based on the patient's request in such a situation. The survey shows that in jurisprudential discourse; Merciful killing is considered a subdiscourse in which the moral reasons, the nature of human existence, death and life are classified around it, and its extensive jurisprudential works are objectified and meaningful.

Keywords

Volume 10, Issue 1 - Serial Number 20
September 2024
Pages 53-71

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