نشریه فقه پزشکی
پیاپی 38-39 (بهار و تابستان 1398)

One of the innovated medical issues in subjects filed of infertility treatment is sperm donation and storage issue and utilization of it in today's world. The sperm banks, which created to maintain and storage of male sperm, have made it possible to help treat infertile couples and even have children in the distant future when men's sexual power declines.

This study is done with analytical method which is followed by examination of all legal aspects of sperm bank jurisprudence such as various mandates and status orders related to this issue such as storage sperm permit for future self use or fertility of his wife after her husband dies in perspective of Imamiyah dynamic jurisprudence. Using of saving sperm in the sperm bank for infertile couples and donating sperm to others, buying and selling sperm, and assigning newborn baby to sperm owner are other topics which are considered in this study.

The results of this study indicate that using of storage sperm has no problem for one's own during her life, but after her death, because of canselation of marriage couple, sperm injection into uterus of his wife is not allowed. It is also forbidden to use stranger sperm and donate sperm and in any case, the born baby will be assigned to the original sperm. There are also a number of drawbacks to buying and selling sperm and the best way is to getting money in return of removed hands from the right of assign into the spam

During recent centuries that hypnotism has been found, scientists have described different viewpoints about its nature. A group of jurisprudents believe that hypnosis is one of the examples of magic and another sees it as a new issue. The jurists, according to the concept of hypnosis nature, have given different rulings about it. So far, no research has been conducted on the evaluation of the reasons for who say hypnosis is new issue.

In this research, the nature of hypnosis and its differences and similarities with the magic were studied. Then, it has been tried to present reasons of scholars who believe hypnotism is a new happening issue and analyze these reasons with descriptive-analytical method.

Findings of this research after studying reasons of scholars who think hypnotism is new happening issue, is they are not wrong completely. But writers of this study are certain that hypnotism is a kind of talking magic. Hypnosis has been known by large as a phenomenon where the hypnotist takes control of your mind. Therefore, use of hypnotism is prohibited primitively

Loss of beauty is a great example of injuries that are Psychiatric as well as physical and directly affect the quality of the victim’s life. Although the necessity of compensating for such injuries is mentioned in Iranian Judicial scripts, there is no unity in how criminal acts that cause loss of beauty (and their consequences such as loss of mental health, loss of social and career opportunities and loss of the chance for a proper marriage) are dealt with.

This is a descriptive analytical study that is done based on Library resources. The researchers have tried to examine the possibility of using Arsh to compensate for burn related injuries after studying Jurisprudential sources and finding cases in which Muslim Jurist have discussed the topic.

Since Arsh as a juridical instrument has no correlation with Diya in amount and quality and the compensation for a burn related injury has a great effect on the quality of the victim’s life, the victimizer has to pay for any necessary medical treatments, cosmetic surgeries to improve the victim’s appearance, therapy and compensate for the loss of career opportunities, loss of the chance for a proper marriage and any possible marital problems as well as paying Diya. The quality and the amount of the compensation are decided by medical experts.

"Psoriasis" is a chronic skin disease characterized by silver plaques on the skin and affecting various parts of the body, especially head and face. Since the disease can affect the strength of marital relations and due to its great similarity with Vitiligo, in this study we intend to examine the possibility of considering this disease as a vice and revocation of the marriage through it based on the principles of Islamic jurisprudence.

The present study is a descriptive analytical study based on library resources. First, based on medical findings, "psoriasis" and its similarity with Vitiligo has been studied, Then the possibility of permission of revocation of marriage by this disease has been analyzed in terms of the basics of Imami jurisprudence.

Because in religious texts, the reason for the permission of revocation of a marriage in Vitiligo is people hate from the patient, and this cause is also present in "psoriasis", Permission of revocation of marriage can be extended to this disease and if the disease occurs in one couple, the other party can revocate the marriage.

One of the emerging issues in medical sciences is useless treatments and is one of the topics - in any form - is subject to defining and declaratory law of Islam religion, but in practice, finding its religious rulings is difficult for a variety of reasons. In one hand, in the first stage, consensus on a concept accepted by knowledge and medical ethics is not easily possible and on the other hand, supposing consensus on definition, deduction of its religious ruling is facing significant challenges due to requirements and physical and mental consequences for the patient and his/her relative and also considering source of supplying respective costs - the patient or treasury.

This present analytical descriptive study tries to achieve a predominant opinion after discovering an incidental concept for it from among two theories of illegality of treatment cessation and incumbency of its continuation based on religious reasons.

Findings are illustrative that religious reasons indicate illegality of treatment cessation and necessity of its continuation and if we can consider it as representation of abolition, permit or even incumbency of treatment cessation can be doomed, provided that useless treatment is considered as representation of abolition.

A fetus that develops normally is subject to such rules as the sanctity of abortion. The jurists agree that abortion is a crime and depending on how long the sperm has entered the mother's womb and the steps taken, the offender must pay blood money. This study aims to investigate the possibility of spreading natural abortion rulings on embryos in vitro based on jurisprudential sources and documents.

The present analytical descriptive study has been written using library data, both real and cyber. Thus, first of all, the reasons that can be cited in Imami jurisprudential sources regarding abortion has been planned and then by analytical method it has been tried to examine the possibility of spreading the rules of natural abortion to the embryos in vitro abortion. In this regard, since the most important document of these rulings are narrations that express the sanctity of abortion, these narrations have been studied and by examining the word embryo in them and also the way or subject of its formation, the possibility of inclusion of narrations in relation to embryos in vitro is measured.

Studies have shown that among the jurists regarding the deprivation of life of embryos produced by abnormal fertilization, two theories of permissibility and impermissibility have been proposed. By the review of the documents of the two theories, it appears that the reasons for deprivation of life impermissibility are more certain and strong. Then there is no difference between an embryo in vitro and a natural embryo in deprivation of life. Destroying the embryos in vitro is not permissible as well as the naturall embryos, unless in special cases that the secondary titles require otherwise.

According to the principle of non-guardianship over the other, none of the spouses can force the other to accept the role of father or mother, or deprive experience of feeling paternal and maternal by preventing pregnancy. Meanwhile, the jurisprudential explanation of the limits of the wife's authority to prevent pregnancy despite the husband's desire to have a child, according to the rights and authority that the wife has over her body and on the other hand the duties she will have as a wife to her husband, can be one of the main determining factors in clarifying the limits of the husband’s authority to force his wife to become pregnant. Also, following the determination of the cases of legal permission for the wife to prevent pregnancy, the definition of appropriate legal sanctions to support the wife can be important in determining how her rights are realized in this matter.

In this research, which has been written in a descriptive-analytical method in order to investigate the cases of religious permission’s wife to prevent pregnancy and appropriate legal sanctions to support her, using the library method, the views of jurists and their reasons in preventing the wife from becoming pregnant have been criticized and analyzed.

The wife is allowed to prevent pregnancy in the following cases, even if her husband is interested in having children: Pregnancy prevention should not harm the spouse's right to enjoy sexual intercourse, Pregnancy should be a legal excuse of loss and hardship for the wife and the right of having a child is not conditioned during marriage. In these circumstances, the wife's legal sanction can be examined in the form of the right to abortion, the right to sterilization and the right to divorce. Even if the wife's coercion to pregnancy is accompanied by misbehavior, the aforementioned legal sanction can be pursued by the judge in the form of claiming for compensation under the right of woman arrogance or Ta’zir.