Judicial and Lawful Study of Euthanasia

Subject Areas : Private law

mohammad jafari harandi ¹ (واحد شهر ری)
fatemeh jabarzadeh ² (واحد شهر ری)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: murder, Physician, euthanasia, judgments,

Abstract :

Euthanasia or death due to compassion is discussed in religious and legal groups of the world as a conservatory medical issue that is concerned with incurable patients who have no ability to live and request death from their physician. This question was analyzed with respect to judicial and lawful studies after medical study of euthanasia. The religious task of physician in euthanasia or death due to compassion is as a revere which is a religious judgment. Such judgments are not terminable because of consensus by all the religious jurisprudents. But religious restraining order of physician's action is murder in this case due to intentional kill by the physician or medical team and it is considered as premeditated murder, so religious restraining order for such actions is retaliation, but permission of murdered person before the murder makes it doubt and according to well known ideas of religious jurisprudents, it waives the retaliation. In return, some of the religious jurisprudents believe that retaliation is not waived pursuant to rule of ESGHATE MA LAM YAJAB (Waiving what is not necessary at present) because at first they believe that the right shall be demonstrated then it may be waived and right of retaliation would be demonstrated after death not before.