medical jurisprudence

 In the field of medical jurisprudence, new issues arise that can only be addressed through the valid approach of rational deduction. However, this type of deduction faces significant challenges and has critics from non-Shia schools of thought who often struggle with a correct understanding of the scope of its authority. This research aims to investigate the concept and true place of reason in medical jurisprudence, analyze the scope of its authority, and prevent its uncontrolled use.

 This study is a library-based study with a descriptive-analytical approach. It utilizes the principles of Islamic jurisprudence, legal rules, and the scope of the authority of rational deduction as a source of reasoning, alongside a systematic understanding of Islamic law, to demonstrate the ability of jurisprudence to address contemporary issues in the field of medical science. In addition to library research, the study utilizes the Noor software.

 Reason has two main applications in the ijtihad (independent reasoning) on emerging issues in the field of health:Independent: Reason functions as an independent source. In this application, reason operates in two independent fields: rational essentials or premises (mustaqillat al-aqliyyah) and non-essential rationalities or premises (ghayr-mustaqillat al-aqliyyah). In this application, the law of concurrence between reason and Islamic law is a fixed and accepted rule in jurisprudence, and both reason and revelation testify to its validity.Non-Independent: The scope of reason's function is defined in three areas: instrumental use, proof in legal rules and principles, and practical principles.

 The ruling of reason in rational essentials is absolute and certain, but in non-essential rationalities, it must be examined in each case whether a ruling of reason exists or not. Instrumental use, proof of apparent rulings, proof of general Islamic rulings and legal principles are three aspects of the lack of independence of reason in the deduction of issues in health jurisprudence.

With the epidemic of coronavirus, based on the content of some hadiths, including the famous hadith "La'Adwi", and combining and comparing it with some teachings of traditional medicine, some appearanceists declared that all diseases are non-contagion. This attitude was in opposition to modern medicine and in denial of the spread of infectious diseases, which resulted in non-observance of health issues and consequently led to the spread of the disease, increase in the costs of the health sector, and the negative view of researchers towards Islamic teachings.

The current research was carried out using reliable library sources, related articles, and the content analysis method. This inferential study aimed to investigate “disease transmission from the viewpoint of medical jurisprudence and hadith" and then adapt the findings to new medical results.

Findings of the present research revealed that the superficial attitude towards the hadiths and its teachings is harmful, and the attitude towards the hadiths in this matter, including the hadith of La'Adawi, is controversial from the point of view of many scholars. Moreover, some of its narrators are unreliable and the fact that the source of this hadith is the Prophet of Islam is questionable. In terms of implication, in addition to its conflict with the facts of human experience in the medical field, there are many analyzes for it. Assuming the acceptance of the negation of the spread of the disease in this hadith, it should be said that only the transmission of a specific infectious disease such as "Scabies" in animals that was the subject of question in the hadith was denied.

By taking into account the problems of authenticity, reliability, and the implication of the hadith concerning the non-transmission of the disease, as well as definivity of some hadiths regarding the possibility, existence, and spread of the disease, taking health care measures, quarantine, avoiding the disease, and observing social distancing during the disease outbreak is a rational, legitimate, and bligatory decision to make.

Nowadays, decellularized tissues of animals or corpses are used for the repair and regenerative medicine of many organs. One of the important issues in the use of these tissues is the legitimacy of their connection to humans. This topic is derived from secondary topics and topics that can affect many emerging activities in tissue engineering. No independent work has been done on the Sharia ruling of using decellularized tissues of some animals (whether it is halal meat or forbidden meat) and its jurisprudential dos and don'ts.

This research was carried out with a descriptive-analytical method and by using library tools and review of valid scientific and Islamic articles and books in order to obtain valid jurisprudential and Shariah views regarding decellularized tissues from animal sources and Human corpse was extracted and summarized in tissue repair.

The findings of this work show that in the license to use decellularized tissues; There is no Sharia prohibition and since evidence and rules such as; Urgency, embarrassment, shame and innocence, as well as sufficient rational evidence for the use of these types of tissues to speed up the recovery of cardiovascular, skin, orthopedic, etc. diseases, can open the way for researchers, researchers and activists in the field of treatment.

in the treatment and related stages; If there is no medicine or halal method, or if the halal method does not have the necessary effectiveness; In order to avoid any irreparable loss; Haram treatment can be replaced with halal treatment. Decellularized tissues, even if they are from forbidden meat animals, can be used in treatment due to the urgency of the rules mentioned in the text, and from the point of view of Shari'ah, its use is unimpeded

Using the capacity of jurisprudence and jurisprudential rules in the medical treatment process has been of interest for a long time, and the basis of Shia jurisprudence has been a pioneer in solving many medical and therapeutic legal problems and challenges. In this research, prepared and organized in a descriptive and analytical method, we will specifically examine examples of applying the jurisprudential rule of emergency and emergency during the medical treatment process. The results of the research in this regard confirm that the capacity of the jurisprudential rule of emergency has been used in many cases such as abortion, prescription of drugs, treatment of a patient by a non-mahram doctor, and infertility treatment, and it has been effective in solving the challenges of this field; Similarly, Dor'e jurisprudence rule has been effective and has been used in the medical responsibility of disconnecting the device from a patient suffering from brain death, the cases presented and documented in the theory of forensic medicine and the removal of responsibility from the doctor in seeking the patient's permission. As a result, the jurisprudence rules that have appeared in the rich sources of Shiite jurisprudence since long ago are still useful in many cases in the field of medicine and treatment and can be cited.

 One of the important issues in the field of medical jurisprudence is energy drinks. Stimulating and invigorating substances in these drinks, especially sugar and sweeteners, caffeine, special plant extracts, amino acids, preservatives, organic acids and vitamins of group "B" have caused challenges in the field of medical and jurisprudential sciences, despite the fact that it is welcomed by youth and teenagers for the purpose of empowerment and relief of fatigue.

 This study has been done in relation to the status of energy drinks in the light of jurisprudence rules with a descriptive-analytical method.

 By studying jurisprudential views on consumption of energy drinks, we find that among the jurists there are three views regarding the permissibility, severe abhorrence or sanctions and stopping. The results indicate that consumption of energy drinks has different jurisprudential definitions according to the conditions and age groups. Scholars agree that energy drinks are forbidden for unhealthy groups. According to the rules regarding the maintenance of the five necessities, especially self-preservation, as well as the basic rule of “The ruling revolves around its cause, whether it is present or not” and some correct religious texts, it is not only permissible for healthy age groups as they are tonic and invigorating but also recommended.

The present study tries to explain the content, scope, rules and medical applications of the rule of necessity in order to solve some of the current jurisprudential problems by examining emerging examples of the rule in medical issues.

This research has been done by the method of library studies and in a descriptive-analytical method, which has been obtained and analyzed by referring to Quranic, narrative and scientific texts.

The rule of necessity (the necessities of explaining the necessities) is one of the doctrinal rules of the texts, among which the Quranic documents include verses 173 of Surah Al-Baqarah and 145 of Surah Al-An’am. This rule has a great impact capacity in various fields of jurisprudence and law and plays a key role in solving many emerging problems and issues, but in Islamic jurisprudence has been less studied in detail.

Nowadays, the existence of personal necessities in various areas of life, especially medical issues, requires the rule of "necessity" to be further studied in order to explain the limits and criteria of its implementation and jurisprudential scholars can use this rule well when studying issues.

One of the medical issues related to jurisprudence regarding to Shar’a justifiability is dissecting cadaver for medical education. Teaching and learning all sciences and techniques, including medicine, is certainly necessary for human beings. Dissection of human cadaver is an introductory course in medical education in one side and obligation to respect for Muslim dead body like the live individual is imperative on the other side. Moreover, irreverence to Muslim-whether live or dead-is forbidden-haram- in Islamic thoughts. The essential question is how it is possible to maintain both respect for Muslim dead body and meanwhile help to improve and develop medical education and related fields in Islamic community by having permission to dissect the dead body of Muslims.In the present article it is attempted to discuss and analyze the opinions of some of great religious scholars in the past and those of the contemporary religious authorities. Furthermore, Fatwa of the Supreme Iranian Leader Ayatollah Khamenei is also quoted here. In conclusion,religious scholars of Islam have emphasized the respect for Muslim dead body and have declared that non-Muslim body should be dissected in medical education.

Given that the patient is independent and has the will and if there is no prohibition or restriction from the religious point of view, he has the right to make any decision in his medical affairs, the question is whether the patient that is unconscious for a period of time is competence to make a decision in advance? In recent decades, the knowledge of modern medical ethics with a patient-centered approach and attention to autonomous importance, by devising strategies such as lifelong will and advocacy in medical affairs. The purpose is to determine the patientchr('39')s will before the patient becomes incapable of making a decision and provide it to physicians to determine the patientchr('39')s treatment process.

In this article, a library study is performed using descriptive-analytical methods.

This research with a jurisprudential and legal approach and after a brief study of the solutions proposed in medical ethics, by describing and analyzing the jurisprudential arguments and opinions of jurists proves that although the medical will is not valid and effective, but the patient is able to get a lawyer in medical affairs to determine when he is unconscious and making decisions.

The findings suggest that a person may, in the form of a solh Contract and by considering the jurisprudential and social status of the contract, regulate his medical and therapeutic matters and delegate the decision to another person for the time of anesthesia or when he lacks the ability to make decisions.

In Islamic culture, the referral of a patient to a physician is obligatory for medical treatment, and the refusal of the physician of treatment has a warranty, in addition to Forbidden. On the way of treatment, from examination to treatment, the physician has close interaction with the patient, which requires that the principles of ethics, jurisprudence and law be properly observed. By examining genuine Islamic texts, we have three principles of Pietism, Bailment, and Telling the Truth that are the basis of many of the physicianpatient interactions. Piety, the highest ethical virtue in the Holy Qur'an, and the first recommendation of Imam Ali (A.S) to doctors. Professional piety is also not achieved without individual vigilance, and a medicine that does not control one's own soul will be hurt for him.Professional piety requires that the physician be required to recognize and adhere to the lawful and divine prohibitions on how to treat and communicate with patients. The body and secret of the patient are trusted to the doctor, and the physician knows that any failure in diagnosis or treatment is a betrayal of the patient. Expression of the truth to the patient or his fellows is a doctor's duty, as the right to issue a certificate is of great importance, because today the doctor's certificate is the criterion for the judgment of the courts or various civil and social institutions.

The human’s natural milk is the best and complete foods for babies. Why that it’s contain physicals and mental benefits for baby and economics benefits for family and society. Milk produce in women naturally do after baby born but Nowadays، Induced lactation induced lactation makes milk in the breast’s women without pregnancy and delivery. This study tries to examine the relationship between this new sciences with Islamic jurisprudence. So the writers try to answer to this question with descriptive-analytic method. The questions are: what is the first Islamic legal sentence in the Shiite jurisprudence for induced lactation? And what is their complications? We have this suggestion that combination milky possible but today‚ it doesn‛t believe. Conclusion show that Induced Laction by Muslim’s women possible.

Medicine is a branch of health science with the purpose of maintaining health and health promotion, diagnosis, treatment and prevention of diseases, and rehabilitation of patients. In addition to possessing academic qualifications and legal training, physicians and service providers should be familiar with moral and jurisprudential considerations in their profession, as is rationally and logically expected.Respect for moral values and legal principles is important since on the one hand it gives the service provider a feeling of fulfillment, and on the other hand it causes the patient to feel satisfied with the service offered.Islamic laws must be observed in all aspects of life in our country and medical practices are not an exception. Therefore it is necessary for all practices to be approved by jurists and to comply with the principles of Islamic jurisprudence and ethics. Consequently, practitioners need a thorough understanding of Islamic laws and ethics in order to be considered qualified.In this regard it should be remembered that Islamic jurisprudence, or Sharia refers to a set of laws and rules of life defined by the Quran and its interpretation and explanation by the great Prophet of Islam (SAW) and Imams (AS). In Islamic culture, law and medicine are closely related to each other. Many physicians are staunch followers of the Islamic jurisprudence and try to observe them in their diagnostic and therapeutic approaches, and in cases where they have dilemmas and are not certain what course of action to take, religious standpoint is what guides them to make the right decision.In recent decades, physicians have tried to apply Islamic laws in the context of medical or jurisprudential problems. This article investigates the realm of medical jurisprudence and medical ethics.