Title of article :
BENUMBING BODY ORGANS WHEN ENFORCING CORPORAL UNISHMENTS: A STUDY ON ISLAMIC LAW
Author/Authors :
samavati pirouz، amir نويسنده Researcher of Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran, PhD in Law , , zahedi، Abdol vahid نويسنده Member Academic of Law Faculty of Allameh University, Tehran, Iran. ,
Issue Information :
دوفصلنامه با شماره پیاپی 3 سال 2013
Abstract :
Benumbing body or organs when enforcing discretionary and religious punishments has recently become a new challenge in Islamic law. Development of new techniques in medicine to benumb the individuals’ bodies and organs in medical practices including medical operations left almost no doubt to inflict pain and torment on individuals. But, are we permitted to benumb an individual’s body or organ who is convicted to a religious punishment when enforcing that punishment? Like the Acts of most Islamic countries, Iranian Acts originates from Islamic law. The authors of the present article try to study this challenging issue from the viewpoints of interpretations of some verses from the holy Qur’an, narrations, reports, and jurisprudential judgments deduced by Muslim jurists. The authors conclude that if the pain and torment are included in the nature of punishment to make the offender avoid committing the same crime again, it should not be omitted but in some situations, insensibility is not forbidden. This article will also familiarize the researchers of other religions with Islam as a complete, merciful and forgiving religion.
Journal title :
Iranian Journal of Medical Law
Journal title :
Iranian Journal of Medical Law