نشریه فقه پزشکی
پیاپی 30-31 (بهار و تابستان 1396)

Obsessive compulsive disorder is considered as one of the disorders in communication era. This illness among people, especially in religious affairs, has made us keen to look for an answer to the question “how can we confront with this bad mood through religious teachings?” This study believes that a deep understanding and applying Fiqh al-Hadith “Elimination” as one of the acquittal documentation in private primitive doubt tasks can appropriately confront and prevent the obsessive compulsive disorder. When someone suffers from an obsessive cognitive disorder with no embarrassment, distress and consciencestricken because of no admonishments toward himself, he can avoid this malware virus to his manners very effortlessly and confidently. As so, the present descriptive-analytic study, firstly, defines the obsessivecompulsive disorder and then explores the Elimination hadith and its applicability in obsessive-compulsive disorder prevention. Finally, results showed that if a therapist can interact with his patient properly, he will be able to cure the obsessive compulsive disorders in religious affairs by applying rectify hadith and to control the behaviors occurred by divine distress and embarrassment. So, he will be able to prevent the disorder’s continuity.

Since the dominant rules in an Islamic society are extracted from divine teachings, the Allah's holy ruling should be comprehended for the new happening issues. One of the forming issues in the realm of physics and medicine is Cryonic that is a sort of supporting man. in Cryonic with the help of putting body in minus196 degrees to save the body's cells and proteins and not to get rotten so as to revive these people in the future. In this study, it has been tried to conclude the optional ruling about dead or terminally ill Muslim with descriptive-analytical method. The findings show there are 2 kinds of sayings relevant to Cryonic 1 are the scholars who have negative idea in accordance to whoever kills a believer verse and intering corpse quickly. and 2 are the scholars that have a positive idea about terminally ill human according to wisdom ruling and whoever animates a dead verse, it can be stated that those who have positive idea about terminally Ill or dead Muslim are more reliable and stronger in comparison to the opposing group.

The legislator in the second note of article 713 of the Islamic Punishment Law says: ''whenever the thing which has caused the penetrative injure exits from the other part of the organ, two penetrative injuries are considered''. This note is based on the theses of a number of jurisprudents who believe that the realization of a penetrative injury depends on the usual and valid penetration of an external instrument in one part of the injured organ. Hence, if the instrument exits from the other part of the same organ, two penetrative injuries take place. However, this view produces some ambiguities for the judiciary and forensic experts because the amount of usual or valid penetration of an external instrument is not clear. On the contrary, other jurisprudents believe that penetrative injury takes place only if the instrument rifts skin and flesh and penetrates from one part of the organ and exits from the other part. This latter view does not suffer from the ambiguities of the former one and opens a clear window to the different aspects of the penetrative injury. This essay applies a method of descriptive-analytic as well as enjoying lexical, Traditional and jurisprudential evidence. It will accept the latter view and provide an illustration of it for a better recognition of the penetrative injuries. For this purpose, two conditions have been considered: 1. Non-necessity of osseous damages for the realization of a penetrative injury and introducing body organs which can be the subject of a penetrative injury.

The disadvantage of couples can lead to the termination of marriage cucumis (Xiyâr) but so far, less study has been considered independently of this issue which, in the case of treatment of defects, the right to terminate will either remain or will not remain. Therefore, we conducted research using the analyticaldescriptive method through which we came to the conclusion which seems treatment of defects can not eliminate the right to Xiyâr; the main reason for this is the claim that Xiyâr dissolve marriage is a right which will inevitably result in its effects, so, to clear it, we need a clear note while there is no message in this area, and given the harm even after treatment it will not, in general, be eradicated due to a cause like the rule of the social ruler you can not rule out the damage also cited in this regard; also, in the discussion of satisfaction with the treatment of defect, satisfaction with the principle of healing is raised, not falling Xiyâr with satisfaction to cure, there is a clear difference between the two; citation for the provisions of the sentences and the need to change the rules by time lapse as well the power to renounce cucumber is not terminated. Because the deadlock on marriage prevents the entry of secondary sentences; it should also be considered that the appropriation of imperfections on the principle of marriage it does not mean the prohibition of anti-sanction (termination) to make cucumbers free, it looks like it looks even in case of treatment of defects, the cucumber can not be canceled by the termination of the marriage.

The development recently brought about in assisted reproductive technology through the frozen embryos stored in liquid nitrogen in -196°C has led to the emergence of numerous challenges regarding the embryos. Inter alia these challenges, one can point to the discrepancies concerning the quality and the type of the relationship between the embryos and their owners. The reason behind such discrepancies can be traced on the one hand to the potential personality of embryo as considered in the law, the prohibition of economical misuses of the embryos, receptors and donors and on the other hand to the embryos’ financial values due to the possibility of using them in helping the infertile spouses and genetic studies for the purpose of elevating the research level and finding various solutions in curing the patients; Therefore, gaining an insight of the jurisprudential-legal relationships between the owners and the frozen embryos based on a descriptiveanalytical research method can be of a crucial importance in clarifying the authenticity and the invalidation of the legal measures in respect to frozen embryos. Although there are jurisprudential and legal ambiguities regarding the determination of rights and authorities of the frozen embryos’ owners as well as the elucidation of such relationships as ownership, guardianship and attribution, the results obtained are indicative of invalidity of such guardianship rights due to the impossibility to assign the fetus to a certain parents, especially before insufflation of spirit and also for such reasons as the inability to call a child such an embryo and also due to the inability to call the embryo owners as husband and wife in the ethical guidelines of the research on gametes and embryos approved in 1392 and according to the centrality of the proprietary nature of such an issue in the ownership right and attribution, the choice of the ownership relationship and its specific delimitation as considered by the legislator; all of which can play a fair and moderate role as the most complete legally supportive structure in the avenue of frozen embryo transferring and prohibition of the misuse by the donor, receptor and frozen embryo.

One of the topics which are discussed among jurists and lawyers both in jurisprudence and law, is executing or not executing Had on a wise person who has committed a crime and after that become insane. In fact in this case, the debate is whether Had is executed on this person in the same state of insanity, it will be abandoned or it is delayed until improvement. The present study is a developed and applied research in terms of purpose and a qualitative research in terms of nature. Applied method is descriptive-analytic and library resources were used. Dominated approach of early and late jurisprudents, is executing Had in the same state of insanity. But among contemporary jurisprudent, there is a dispute over this issue and both theories have advocates. Proponents of the execution of Had have cited on applying the reasons for Hodud, consensus, adjudicating on the survival of the religious order or the subject of the order, whose survival is suspect and Abu Abydeh’s Sahiheh. In contrast, proponents of not executing of order have resorted to reasoned like the Dara and uselessness of executing the Had on the insane in addition to criticizing the arguments of the first group. Studying Iranian criminal laws shows that although the legislator approach is critical about ineffectiveness of insanity on executing Had on sentenced to insane, however particularly in some cases, insanity of defendant is a factor for delaying executing Had. The result of this research indicates that in the current laws of Iran, according to the first part of note 1 of Article 150 of the Islamic penal code (2013) and also Articles 502 and 503 of criminal procedure code (2013), insanity of defendant doesn’t prevent punitive penalty in any case and in the case that executing punitive penalty cause exacerbations of the disease or delaying in improvement, executing penalty is temporally delayed, otherwise punitive penalty is executed in the insanity

Currently, given the importance of the family and introduction new methods of fertility assistance, conflict of couples’ rights especially in the field of reproduction and health has become significant. One of these cases is conflict of husband’s right to reproduce with wife’s right to health. So the main question in this study is that how do we solve this trouble by suitable methods and help the couples to get their own right? The research method is descriptive - analytical approach and data has been collected by studying the related references. The results show that in many cases wife’s right to health is prior to the husband's right to reproductive. Because wife’s right to health is the precedence right and related to life. Moreover according to the principle of no harm, the husband must not harm his wife for getting own right. At the end, according to the principle of agreement, the husband can remarried or essentially give up this own right.

The Siamese Twins (Conjoined twins) are result of single egg fertilization which is medically related to their single sexuality. Regardless of the connection of two bodies to each other, these individuals sometimes are considered to be two independent characters, common in the body (multiple twins) and sometimes a single person, that some of its organs are redundant (single Twins). The present study was conducted in a descriptive-analytical manner based on Imamieh jurisprudence to study the jurisprudential challenges of adultery with respect to this type of obligation.The most important findings of the research show: Firstly, if multiple twins, both commit adultery. Since the nervous system is independent of the other, in the volume, it does not suffice to strike any member of the body. Second, in the hypothesis that one of them deserves to be punished, it is necessary to impose a limit, prevent its impact on another, and impossibility to prevent it will result in the abolition of the punishment. Thirdly, if adultery is to be realized by two separate units, the precautionary requirement is to impose limits on the main members. Fourth, in the hypothesis that it is based on multiple double standards, the genitals are two units. In the case of adultery by both, the unity of the penis is a unit of adultery, but because of both the interference of the crime, both Deserve full punishment, and in the assumption of one act and another dissatisfaction, the act is merely attributable to the person who is acting on it.