The possibility of invoking jurisprudential provisions for the decriminalization of passive euthanasia
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 101
Abstract
Suffering from those diseases which medical sciences have still failed to cure are some of the bitter events of human society. The ineffective treatments administered for these groups of diseases have been imposing heavy costs on patient’s families. These have often resulted in no major improvement of the patients’ overall well-being, only slightly increasing the life span of the patients which in turn seriously challenges the psychological comfort of the patients and their relatives. Carrying out euthanasia by withholding medical treatment measures with the purpose of facilitating the death of these patients seems to be a justified action. The present research aims at explaining the jurisprudential validity and the non-criminal understanding regarding this type of taking life; especially since some jurists have emphasized the impact of benevolent motives rejecting the liability of the individual taking the life of another on the basis of his positive intentions. The study adopts a descriptive analytical method based on the application of library resources. After explaining the basic concepts related to the discussion, the opinions of the jurists in relation to the issue were investigated and analyzed. Eventually, the view consistent with the hypothesis of the study was supported. In a jurisprudential perspective, taking the life of the patients near death through withholding treatment measures (passive euthanasia) is not consistent with any criminal action, thus no criminal liability can be imposed on its participants.
Authors and Affiliations
Saeid Nazari Tavakkoli, Shakiba Amirkhani
Keywords
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- EP ID EP190133
- DOI 10.22067/fiqh.v47i21.27905
- Views 102
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