نشریه فقه پزشکی
پیاپی 36-37 (پاییز و زمستان 1397)

In remark 3 of article 709 of the Islamic Punishment Code, the legislator put: ''if the offence on the cheek is in a way that shows inside the mouth, one fifth of full blood money is necessary''. However, there is no consensus on this point among Imamie jurisprudents because some of them believe that this type of blood money is only one tenth of full blood money. They are different and it is an important point because the abandonment of each of the two perspectives will have a significant effect on the amount of blood money. The case is exacerbated when we observe that both groups refer to some valid traditions. Therefore, it requires a content investigation to settle this issue.

Content investigation has its own complexity, however, based on a descriptiveanalytic method, and utilizing verbal reasons and the procedure of the jurisprudents, in this way, it examines the jurisprudential foundations of the third remark of article 709 of the Criminal Code.

The result of the discussion and reviews suggested as modifying the remark of the article is that whenever a cheek is exposed to injury, it is necessary to determine blood money at a rate of one-tenth of the full blood money.

Although Alzheimer's disease is rising in the world; there are few articles and studies on the legal and criminal practices of these patients, especially their testimony and confession.

The present article, using a library study method and a descriptive-analytical method, examines the verdict of confession and martyrdom of these patients in each stage of Alzheimer's disease progression.

Accordingly, these patients can not be considered insane, because of the signs of Alzheimer's disease in the first and second stages of their progression, these patients should, like other healthy people, have the qualifications necessary to accept the confession and martyrdom, and from the stage Fifth, these patients should be considered insane, but the main focus of the discussion is the third and fourth stages, which in this article, the verdict of confession and martyrdom of these two stages is carefully examined according to the conditions described for the patient and the legal rules.

The widespread changes in societies and the diversification of human needs on the
one hand, and the remarkable advances in medical sciences and chemistry, on the other hand, have led to the
use of a large range of people from products whose raw materials have been considered ritually impure in
Islamic jurisprudence, including soaps made including soaps made from pig components.The question now
is whether the changes made to these materials have changed their nature and eliminated their impure?

The present research is based on descriptions and the analysis of the Islamic
jurisprudential propositions and the library method to study the subject under discussion.

In response to this question, the Islamic schools have granted permission to transformation and
therefore permit the use and sale of such soap. On the contrary, others believe that transformation is not
certain or non- transformation is established. So the ritually impure is still left. This group is divided into two
categories, some of which do not allow the use of these types of products, but others, despite the impure of
use of these products, are entitled to use them for the needs of the people and in order to obviate the distress
and constriction. It seems that among the existing narrative, the transformation and, consequently, the use
and sale of products made from pig components, is more powerful than the existing ones.

According to Imamyeh jurisprudence, the use of gold is forbidden and this is a decree for men and women have been exempted from this rule and the use of gold in Islamic jurisprudence has been allowed for them. In this article, which is a branch of the relationship between religion and science and There is less work in this field and it needs more attention, we seek to express the views of Imamyeh jurisprudence and the discovery of medical science in this field.

This article, in a descriptive-analytical method based on interdisciplinary studies, seeks to explain the reasons for the prohibition of gold for men from the point of view of Imamyeh jurisprudence and medical science.

According to new medical research, the use of gold for men leads to a variety of complications such as cancer and barrennees in them. This research is in harmony with the Islamic jurisprudential viewpoint, which indicates the high degree of Islamic jurisprudence and the practical proof of the harmony of religion and science in related topics.

Urinary and fecal leak are two most important complications are mainly due to neurological and spinal cord injury, or damage to organs involved in urinary and fecal excretion. The difference between Shariah's jurisprudence regarding the amount and manner of determining the blood money of these charges has led the jurisprudents of the Imamiyah to present two different views in this regard. First, proportionate to the duration of the incontinence across the day, a different blood money will be calculated and paid. Second, if this is permanent, the blood money will be complete and if it is temporary, indemnity will be paid. Previous Islamic Penal Code defends the first in its Article 474 and the new one defends the second in Article 704 and 705. The jurisprudents have talked about Blood Money for urinary and fecal leak under the entries of 'kasr-e Ba'soos' and 'dharb-e 'ejan'', the legislator, quite unprofessionally, has translated those texts in Article 651 and 652. This leads to the negligence from dividing the incontinence to two complete and partial types. On the other hand, leads to some legal and jurisprudential challenges. This research has been organized in order to answer these challenges.

By using authentic jurisprudential sources and descriptive-analytic approach, On the one hand, referred to a critical rethinking in the views of jurisprudence and on the other hand, it has criticized the other four articles related to the blood money for urinary and fecal leak. We critique the four articles related to the blood money for urinary and fecal leak and suggests that only one article expresses the blood money for these two phenomena.

Thinking about the Documentation of jurists viewpoints shows that their second view, which distinguishes between permanent and non - permanent state, has more power. At the same time, it is necessary to pay attention to the category of complete and incomplete status of the leak by considering the permanent and temporary state of leak. In addition, it is proposed to prevent ambiguity in legislation the four articles that express the leakage, by undergoing fundamental reforms only be expressed in the form of an independent article.

With the advancement of medical science, using of presentstem cells in umbilical cord blood in the treatment of many diseases, and the need to establish banks of freezing stem cells to keep them for treatment, has become a problem for today's society. There seems to be a research gap about the imperative rules of using it and positive rules on its ownership and inheritance which is of great importance and priority in paying and forcing the charges of the banks of freezing stem cells.

Therefore, in this research, through descriptive-analytic method, it has been tried to specify the function of stem cells in medical treatment and then to extract ownership and inheritance rules and imperative rules of using stem cells in humans’ treatment. Also in this case, the views of contemporary jurisprudents along with the arguments of the Rajah in this field is collected.

The results indicate that there is no opposition to the license of using the umbilical cord and in the context of ownership and inheritance rules; there are various views that, according to the evidence, the permission to use it and the promise of the ownership of the child and the inheritance to the heirs are of more certainty.

Cloned meat is a kind of animal meat that is processed and prodeced using stem cells and muscle cells. Whether or not consumption of such food is Halal is one of the ptoblems associated with processed food. Developement of new and different methods/techniques in processing and producing food and the necessity of keeping these methods in accordance with Islamic Sharia makes clear the importance of answering to the question of whether or not consuming cloned meat is Halal.

Research method in this study is analytic and TATBIGHI. The principles and measures related to the subject in the islamic/ religoius society are clarified and related islamic principles/ rules that are relevant from the view point of fiqh and Islamic law are discusses.

There is a division of ideas on this issue among the Islamic scholars and foqaha. One group worried about the possible dangers of the issue habe either chosen caution or has forbidden consumption of such food. The other group, however, based on the principles of BARAAT and HELLIAT has ageed to the consumption of cloned meat and have declared it halal. Given the current status and based on the studies done so far, it seems that in the current time, considering the necesseties of the country and taking into account the principle of "don't be under the control of infidels" if cloned meat is proven to be harmless and if the original cells are obtained from an animal with halal meat, such meat can be declared halal.

The topic of human relationship with his body organs has been one of the most significant jurisprudential and legal issues that the recent advances in medical science, biotechnology and Genetics have rearranged it on the top of the most challenging bioethical topics. According to the jurisprudential and legal literature, it can be found that three theories of human’s authority over his body, inherent ownership and trusteeship-based relationship have been the most common basis to determine the type of human relationship with his body organs. In this article first we attempt to analyze and critique the mentioned basis and in the second step the authors’ selected viewpoint will be explained.

The method is based on the description and analysis of library and internet data and resources. In order to achieve the purposes of this article, three main common approaches are discussed in the first stage. These approaches are: human’s authority over his body, inherent ownership and trusteeship-based relationship. Then the authors' chosen viewpoint is presented which is based on assumed ownership.

It seems that the approaches based on human’s authority over his body, inherent ownership and trusteeship-based relationship cannot handle new requirements efficiently along with the criticisms that can be made to them. In this regard, the following requirements may be mentioned: Substitute one person instead of another for decisions that lead to changes in the human genome, general health and the rights of future generations and the necessity of formulating new policies in the field of medical treatment and preventive measures. From the authors' point of view the topic of "assumed ownership" which differs from other approaches can help jurists and lawyers to communicate between modern authorities and legal and rational limitations of human ownership over its members. On the path to explaining this approach, we do not need to enter the discussion about knowing or not knowing the organs as human’s property.