واکاوی حکم اتانازی فعال داوطلبانه در فقه شافعی
نویسندگان
1 استادیار، دانشکده علوم انسانی و اجتماعی، گروه فقه شافعی، دانشگاه کردستان، سنندج، ایران.
2 دانشآموخته کارشناسی ارشد، گروه فقه شافعی، دانشکده علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران.
doi
10.22037/mfj.v16i46.45203چکیده
Background and Aim: In this world, the tradition and law of life and death is such that people may get diseases during their lifetime for some of which there is medicine and treatment, but for some others that are incurable, despite the progress of medical science, medicine is not discovered. Accordingly, in some western societies, in the case of patients who are desperate to recover, a relative or a doctor or a nurse kills them with their permission under the illusion of compassion. This action is known as euthanasia or killing out of compassion and it has six types: 1- Voluntary active euthanasia; 2- Involuntary active euthanasia; 3- Forced active euthanasia; 4- passive euthanasia; 5- Indirect euthanasia; 6- Assisted suicide. Since the study of each of these types of euthanasia requires an independent research, and considering that active voluntary euthanasia is one of the examples of murder, in this research Shafi'i jurists’ views regarding the ruling and its consequences in terms of proving or not proving retribution, blood money, expiation for murder and Ta'zir have been studied. Materials and Methods: Since this research is in the field of human sciences and jurisprudence issues, the collection of data has been done using a library method and a descriptive-analytical approach. First the concept of voluntary active euthanasia has been described and explained from reliable sources and records, and then its verdict and effects have been analyzed based on Shafi'i rules and opinions. Conclusion: By summarizing Shafi'i jurists’ opinions and reasons, it becomes clear that preferred view implies the fall of retribution and blood money in voluntary active euthanasia, but they consider the atonement of murder and Ta'zir to be fixed in it.