The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases

The feasibility to execute retaliation and capital punishment through organ donation is an innovative solutions and yet effective way to protect the human life and health. Imamie's famous jurisprudents believe that the method of punishment’s fulfillment does not matter by itself, and the punish...

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Main Authors: Ali Fatehi, Aliakbar Ezadifard, Mohammad Mohseni Dehkalani
Format: Article
Language:fas
Published: Semnan University 2020-03-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_4409_04689598e43a36d7399adebcc840cd5b.pdf
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author Ali Fatehi
Aliakbar Ezadifard
Mohammad Mohseni Dehkalani
author_facet Ali Fatehi
Aliakbar Ezadifard
Mohammad Mohseni Dehkalani
author_sort Ali Fatehi
collection DOAJ
description The feasibility to execute retaliation and capital punishment through organ donation is an innovative solutions and yet effective way to protect the human life and health. Imamie's famous jurisprudents believe that the method of punishment’s fulfillment does not matter by itself, and the punishment must be implemented in such a way as to impose the least suffering on a person, in contrast to some jurisprudents, equality and the Resemblance of execution are indispensable. This article, while accepting the well-known opinion, on this basis, the convict will suffer the least and it is possible to change the manner of punishment, considering that one of the most important sources for providing a transplanted organ, especially the basis organs such as the heart, lungs, liver, and pancreas, etc., is in the body of people who is sentenced to death. and in most cases, they have healthy organs and they are buried with the execution. however, governmental order is solution Especially in cases of dissatisfaction to organ transplantation.
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spelling doaj.art-23b594a006dd4583bb782713bd6c29b42024-02-23T23:19:57ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302020-03-01122228731210.22075/feqh.2019.17014.19224409The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s casesAli Fatehi0Aliakbar Ezadifard1Mohammad Mohseni Dehkalani2Ph.D. student of Mazandaran UniversityProfessor of Jurisprudence and Fundamentals of Islamic Law, Mazandaran University, Babolsar, IranAssociate Professor of Jurisprudence and Fundamentals of Islamic Law, Mazandaran University, Babolsar, IranThe feasibility to execute retaliation and capital punishment through organ donation is an innovative solutions and yet effective way to protect the human life and health. Imamie's famous jurisprudents believe that the method of punishment’s fulfillment does not matter by itself, and the punishment must be implemented in such a way as to impose the least suffering on a person, in contrast to some jurisprudents, equality and the Resemblance of execution are indispensable. This article, while accepting the well-known opinion, on this basis, the convict will suffer the least and it is possible to change the manner of punishment, considering that one of the most important sources for providing a transplanted organ, especially the basis organs such as the heart, lungs, liver, and pancreas, etc., is in the body of people who is sentenced to death. and in most cases, they have healthy organs and they are buried with the execution. however, governmental order is solution Especially in cases of dissatisfaction to organ transplantation.https://feqh.semnan.ac.ir/article_4409_04689598e43a36d7399adebcc840cd5b.pdfretaliationcapital punishmentorgan transplantationgovernmental orderpunishmentdefendant
spellingShingle Ali Fatehi
Aliakbar Ezadifard
Mohammad Mohseni Dehkalani
The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
مطالعات فقه و حقوق اسلامی
retaliation
capital punishment
organ transplantation
governmental order
punishment
defendant
title The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
title_full The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
title_fullStr The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
title_full_unstemmed The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
title_short The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases
title_sort feasibility of issuing the governmental order in the transplant of organs of convicts to death in dissatisfaction s cases
topic retaliation
capital punishment
organ transplantation
governmental order
punishment
defendant
url https://feqh.semnan.ac.ir/article_4409_04689598e43a36d7399adebcc840cd5b.pdf
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