مطالعات فقه و حقوق اسلامی (Mar 2020)

The feasibility of issuing the governmental order in the transplant of organs of Convicts to death in dissatisfaction’s cases

  • Ali Fatehi,
  • Aliakbar Ezadifard,
  • Mohammad Mohseni Dehkalani

DOI
https://doi.org/10.22075/feqh.2019.17014.1922
Journal volume & issue
Vol. 12, no. 22
pp. 287 – 312

Abstract

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The feasibility to execute retaliation and capital punishment through organ donation is an innovative solutions and yet effective way to protect the human life and health. Imamie's famous jurisprudents believe that the method of punishment’s fulfillment does not matter by itself, and the punishment must be implemented in such a way as to impose the least suffering on a person, in contrast to some jurisprudents, equality and the Resemblance of execution are indispensable. This article, while accepting the well-known opinion, on this basis, the convict will suffer the least and it is possible to change the manner of punishment, considering that one of the most important sources for providing a transplanted organ, especially the basis organs such as the heart, lungs, liver, and pancreas, etc., is in the body of people who is sentenced to death. and in most cases, they have healthy organs and they are buried with the execution. however, governmental order is solution Especially in cases of dissatisfaction to organ transplantation.

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