Active Involuntary Euthanasia from the Viewpoint of Islamic Jurisprudence and the Statue of the Islamic Republic of Iran

Subject Areas : All jurisprudential issues

Saleheh Yazdanifar ¹ , Mehdi Khodaie ²

1 - دانش آموخته‌ی دکتری دانشگاه مفید، رشته‌ی فقه و حقوق، قم، ایران
2 - استادیار دانشگاه آزاد اسلامی، واحد کرج، گروه فقه و مبانی حقوق اسلامی، کرج، ایران

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2011-03-21

Keywords: Active Euthanasia, Involuntary Euthanasia, Preferring&#x0D, &#x0D, Death, Compassionate Murder, Incurable Sick,

Abstract :

“Euthanasia” or “The Compassionate Preferring Death of theIncurable sick” in the medical term is any intentionally act oromission that done in request or without request of an incurable illto end his life without more pain and suffering. Based on thebehavior of the medical team and that the physician behavior hasthe manner of "act" or "omission", euthanasia divides into “Active”and “Passive”. Also, if euthanasia spring out of the will and volitionof the patient, it will be called “Voluntary” and in the cases wherethe patient is legally incompetent to decide, it will be called“Involuntary”. Based on the Islamic criminal system and the statueof the Islamic Republic of Iran, active euthanasia is a clear exampleof murder and therefore, it is illicit and causes retaliation and thecompassionate motive of the physician will not fail physician’scriminal responsibility or will not cause any discount in hispunishment. Also whenever the physician is spared by theforgiveness of the parents, if the court recognizes his act as a causeof disrupting the community or creating fear, or if be afraid abouthis or other doctors’ Audacity, it can sentence him to thediscretionary imprisonment.