Obligations of Insane Patients from Standpoint of Farighain Jurisprudence and Islamic Mysticism

Subject Areas : Islamic Mysticism

Razieh Fathalizadeh ¹ , Seyed Mohamad Mahdi Ahmadi ²

1 - دانشجوی دکتری فقه و حقوق، واحد قم، دانشگاه آزاد اسلامی، قم، ایران.
2 - استادیار گروه فقه و حقوق، واحد قم، دانشگاه آزاد اسلامی، قم، ایران.

Received: 2020-01-09 Accepted : 2020-01-09 Published : 2019-12-22

Keywords:

Abstract :

Today the existing insane patients and their increase in megacities is a serious problem for the world community, that is considered by psychologists and sociologists. Although in Imamate jurisprudence the public and the relevant laws in Iran a portion of the society are referred to as incapacitated person and their obligations and rights are fully explained, the status of insane patients who are living in an unnatural situation struggling with different problems is legally unknown and there is no jurisprudent or legal judgement to that. However, in the Islamic jurisdiction, due to the ethical mystical criteria and the concern over dignity of human being, the rights of insane patients and those with mental disorder are taken into account. Some patients are seriously having mental disorders so that just like other people of society are not able to have a normal life and react to the surrounding phenomena abnormally. Thus, it is likely that they could threaten themselves or the people around them. Therefore, it is the task of any committed person toward ethical and humane beliefs to behave them according to their mental status and their dignity. The present paper endeavors to make a transparent definition of insane patients and point out to a few of them in terms of their level of cognition and recognition. In addition, this paper seeks to examine the necessity of their incapacitation with reference to jurisprudent and legal evidences and their level of incapacitation.