نشریه فقه پزشکی
پیاپی 45 (بهار 1402)

Obsession as one of the common diseases in society, in many cases, disrupts the family system, especially sexual relations. Considering the necessity of special compliance in the couples’ life, the importance of the marital relationship in the continuation of the marriage and the peace of the couple on the one hand, and the possibility of the influence of each couple’s obsession on the other hand, study the non-compliance order in such circumstances is necessary. With this aim, the present research was written to investigate the scope of the non-compliance order on obsessive couples.

This research examines the non-compliance order on obsessive couples by descriptive analytical method and using library sources.

In psychology, obsession has mild, moderate, severe and obsessive madness stages. When the obsession is in a severe state and obsessive madness, it is out of the patient's will and the behavior is done involuntarily. Based on this, because the obsessive person involuntarily refuses to compliance and "Nashez" and "Nashzeh" are among the titles of intention, it is not possible to impose the non-compliance order. Of course, if the patient refuses the treatment, it is an example of hurting the partner and the non-compliance order applies to him.

Nowadays, with regard to progress of medical science, in some cases, people transplant organs due to illness, accidents, etc. Imami jurists have allowed organ transplantation based on some conditions. But this question arises: what is the rule of this new organ-which is an artificial organ or an organ separated from an animal or human-in terms of jurisprudence, and what is the duty of the person who has transplanted while doing religious duties (ablution, Ghosl, prayer and Hajj)? The purpose of this research is analyzing the religious effects and rules of transplanted organs.

In order to explain religious duty of a person who has transplanted, this descriptive-analytical research aims to study the rules of organ transplantation by separating the different cases while studying the narrations related to the issue and jurisprudential rules and texts.

In natural organs (both human and animal body parts) if the transplanted organ welds, is a part of the person's body and is pure. Also, about parts without soul-except for the parts of an impure animal-even if the part is not welded, it is pure. But in this case-unlike the previous case-it is not considered a part of the person's body, so there is no need to wash or anoint it while ablution or Ghosl. About the organs with soul, even though they are impure as long as they are not transplanted, but in case of necessity and urgency, there is no problem in praying with them. Also about artificial organs, if the parts of an impure animal are not used in them, they don’t affect the validity of the prayer.

The increasing progress of knowledge has made it possible to fertilize infertile couples in various ways, including complete surrogacy. In this method, the wife who does not have ovulatory disorders but has difficulty carrying the fetus or, conversely, is able to carry the fetus but is deprived of the possibility of releasing or fertilizing an egg, will have a child by egg donation or surrogate womb from another woman. It is natural that with the presence of another woman in the process of having a child, new jurisprudential and legal challenges will arise regarding the parentage of the child. Most experts consider the owner of the egg to be the blood mother of the child, and some believe in that the owner of the uterus is the mother. The third group also believes in two mothers. Despite this difference, Iran's legal system does not have a specific position in this regard. The result of these disagreements and the silence of the legislator is the indecision of the people and families present in the process of complete surrogacy. The purpose of this research is to provide the most suitable solution to protect the rights of all involved people including the born child, the woman who owns the uterus and the woman who owns the egg.

This paper has been compiled with a descriptive analytical approach, using the documentary method and library resources.

This research based on the findings of modern medical science and the epigenetic effects of the uterus, along with the effective role of the egg in the development of the child as well as relying on traditional, philosophical and ethical perspectives and applying the standards of Islamic jurisprudence including the need to protect the natural rights of the child, the need to be cautious in the introduction and to prevent the confusion of genealogy as well as the need to definitely agree with the religious leader and some anecdotal evidence, concluded that according to the religion, blood relation exists between the baby and the two woman, egg owner and surrogate uterus. Lack of intention to give birth is not effective in proliferating the lineage, rather it only has an effect on actualizing some rights and duties. Since according to the fourth article of the Constitution of the Islamic Republic of Iran, all laws must be in accordance with religious regulations, the amendment and revision of the relevant regulations is an inevitable necessity.

Background and Goals:

 Hygiene and body health for body maintenance is one of the natural and innate needs of humans and one of the goals of religion, and among the five essentials in jurisprudence. And using the treatment methods is emphasized for realizing this goal in religious doctrines. Cupping is one of the traditional treatment methods that help in the recovery or relief of body pains by streaming the blood (dry cupping) or taking out the blood through surface punctures in the skin (wet cupping). As blood is unclean in Islamic jurisprudence, one of the disagreements among jurists is the impact of taking out the blood on the rules of purity, fasting, and hajj. And the induction and assessment of the pros and cons reasons in this regard may prepare the background for preferring the right view.

 The current research is performed with a descriptive-analytical method of the content analysis type and aims at a comparative study of jurisprudence texts of the Islamic religions to investigate the impact of cupping on the devotional issues including purity (dipping and ablution), fasting, and ihram.

 After concluding the jurists' views and the pros and cons reasons, it seems that cupping does not cause a dipping and does not violate the ablution, and does not revoke fasting. As there are disagreements on the permission of cupping for the pilgrims, it seems that there are no barriers for pilgrims to undergo cupping especially when there is a necessity; but paying the ransom is obligatory.

 Menopause, as a natural process in every woman's life, is often accompanied by symptoms that disrupt mental peace and cause confusion in fulfilling religious duties. Irregular and unusual bleeding is one of the most obvious features of the onset of menopause until its full realization. Recognizing the nature of these secretions has been the subject of jurisprudential analysis and the lack of an explicit expression in religious texts has provided an opportunity for jurisprudential interpretation and debate. In this research, while comparing the achievements of jurisprudence and medicine, the differences of opinions of jurists regarding the realization and determination of menopause age and the effect of these differences on the nature of uterine blood secretions are discussed.

 The data was collected by descriptive-analytical method and by referring to library sources, and the opinion of jurists and doctors on the nature of uterine blood secretions during and after menopause was qualitatively analyzed.

 The result is to accept the certainty of menopause occurrence, but it doesn’t consider a specific and fixed age for its onset. Therefore, physicians’ diagnosis and opinion plays a determining role. Considering the effect of disagreements on the nature of uterine blood secretions during and after menopause, it is better to consider the secretions of this period as menstruation if it agrees with the person's habit and with the characteristics of menstrual secretions. But with the realization of menopause, abnormal blood discharge is considered Istihazeh.

 The Subject is the base and cause of jurisprudential decisions; therefore its accurate knowing is one of the main jurists’ concern. "Palliative care" is a new approach in medical care to improve the quality of life for terminally ill patients. Accurately stating the subject of palliative care and its conflict or lack of conflict with jurisprudential rules is one of the necessities of dynamic jurisprudence. This article discusses the palliative care issue from the Imamieh jurisprudential view to help jurists in making decision and issuing orders.

 This research is based on library method and descriptive-analytical approach. First, various palliative care activities were recited from reliable digital sources and then its difference with euthanasia discussed by describing the desired objectives. In jurisprudential understanding issue of palliative care, the decision-making authority was mentioned in terms of "self-sovereignty" rule. Then the subject of palliative care has been analyzed in relation to the jurisprudential rules of "self-preservation ", "no harm" and "relieving hardship and embarrassment". Also the priority or non-priority of choosing palliative care over life-prolonging care has been investigated by comparing them in terms of compliance with jurisprudence.

 Palliative care does not conflict with any of jurisprudential rules. The main intention in euthanasia is to hasten death, which is an act against self-preservation. But in palliative care, this intention is excluded. According to the rule of the sovereignty of the soul, the decision-making authority for palliative care is the patient. Life-prolonging care is more compatible with the rule of "obligation of self-preservation" and palliative care with the rules of "no harm" and "relieving hardship and embarrassment" and the patient can choose the type of care based on the importance of life expectancy or quality of life.

 Artificial intelligence technology is one of the wonderful achievements in medical engineering sciences. It allows surgeons to perform many types of complex procedures with less invasiveness and necessary precision than is possible with conventional techniques. In contemporary world, while robotic surgery using artificial intelligence has brought unmatched benefits to humanity; but in some cases, it makes strategic mistakes and causes serious injuries to the patients. The current research aims to investigate the responsibility of the devices and factors involved in intelligent robotic surgeries from the perspective of jurists.

 This research is organized based on the descriptive-analytical method and by referring to library sources through data collection.

 The findings show that the use of artificial intelligence for therapeutic purposes in robotic surgeries is currently not established in medical practice. It is still in its initial stages and its risks are sometimes hidden for experts. Since following the recommendations of artificial intelligence in this situation, is dangerous for patients; therefore, it will not disclaim responsibility for the causes and factors related to the intelligent surgeon robot. As a result, the researchers have considered the viewpoints of attributing responsibility due to prior and late, as well as the viewpoint of strong cause and the viewpoint of conventional cause, to be ineffective in this regard, and they emphasize that the viewpoint of equal responsibility in terms of strict supervision and the establishment of new laws and criteria such as determining the effect of devices on the damages for the patient, as well as the mandatory insurance plan and the compensation fund along with the necessary warning mechanisms, is justified as a preferred opinion in compensating possible damages caused by robotic surgeries.

 Brain as the most vital organ with specific and shared benefits regulate all body activities. Brain damage often leads to loss of a part of specific benefits and, accordingly, shared benefits. For instance, a head trauma can cause a coma, and as a result, other organs such as hands and feet also lose their benefits. So this question is raised whether blood money and Arsh only apply to the loss of consciousness or also to the loss of benefits of hands and feet? This issue has not been investigated by jurists, despite it is one of the most common cases in crimes and accidents. The current study aimed to explore blood money and Arsh for the consequent loss of benefits.

 This analytical-descriptive research is somewhat critical in the evidence review section. The main sources are jurisprudential books and articles, and medical sources are also used in thematic.

 There are two approaches about blood money and Arsh for the consequent loss of benefits: Some, based on the evidence of bold money and Arsh for the current benefits of organs, believe in that any loss of benefit in an organ deserves blood money and Arsh. On the other hand, some argue that only the loss of essential benefit is the basis of blood money and Arsh evidence. According to this view, the loss of benefit is entitled to blood money and Arsh only if the injury affects the organ itself, but not if a healthy organ loses its benefit due to an external factor. A review of the evidence indicates that this view is more stable.

 Arash is a type of blood money that is not predetermined in the law. According to this definition, if commit a crime causes pain in the victim's organs and limbs, is it possible to determine Arsh for the pain? The legislator of the Islamic Republic of Iran has not taken an explicit position in this regard. While in most quarrels, regardless of any damage, the victim's limbs are usually injured. Legislature’s silence and lack of research resources in this field on the one hand, and a lot of members suffering in the society, on the other hand, make it necessary to write an independent research about the feasibility of determining the Arsh for pain.

 This descriptive-analytical research was done in a library method by using original jurisprudential and legal sources.

 After explaining the various forms of causing pain following the crime, it has been proven that if the pain is in such a form that can be considered as a non-discontinuous complication, it causes Arsh based on Article (708) of the Islamic Penal Code. But if the pain is intermittent and very transitory that it cannot be considered as a disease or complication, although some religious texts can confirm to determine Arsh for it, but adhering to determine Arash in such an assumption, especially considering the capacity of current laws, faces serious challenges such as the executive challenge of evaluation and dispensation.