Brain Death: Legal-Jurisprudential Processing (book): Difference between revisions
Created page with "Author: Mohammad Kazem Haqqani Fazl '''abstract''' Brain Death: Legal-Jurisprudential Processing (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%B1%DA%AF_%D9%85%D8%BA%D8%B2%DB%8C:_%D9%BE%D8%B1%D8%AF%D8%A7%D8%B2%D8%B4_%D9%81%D9%82%D9%87%DB%8C_%D8%AD%D9%82%D9%88%D9%82%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مرگ مغزی: پردازش فقهی-حقوقی]) is a book in the field of contemporary jurisprudence written by Hamid Sotoudeh..." |
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'''abstract''' | '''abstract''' | ||
Brain Death: Legal-Jurisprudential Processing (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%B1%DA%AF_%D9%85%D8%BA%D8%B2%DB%8C:_%D9%BE%D8%B1%D8%AF%D8%A7%D8%B2%D8%B4_%D9%81%D9%82%D9%87%DB%8C_%D8%AD%D9%82%D9%88%D9%82%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مرگ مغزی: پردازش فقهی-حقوقی]) is a book in the field of [[Contemporary jurisprudence|contemporary jurisprudence]] written by Hamid Sotoudeh, which was published by the Jurisprudence Center of Aemmeye Athar (PBUT). This book is one of the first and few works that consider the phenomenon of [[Brain death|brain death]] and its jurisprudential and legal consequences in Persian language. The author considers brain death to be the same as death, but he believes that rules such as shroud and burial, which are imposed on the death of a corpse, do not apply here, but such a person is condemned to confinement, invalidation of power of attorney, guardianship, and the like. The most important result of accepting the death of a brain death patient is the permission to remove his organs for [[Transplantation|transplantation]], which the author considers permissible based on the [[Taste of Sharia|taste of Sharia]]. | |||
'''Brain Death: Legal-Jurisprudential Processing''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%85%D8%B1%DA%AF_%D9%85%D8%BA%D8%B2%DB%8C:_%D9%BE%D8%B1%D8%AF%D8%A7%D8%B2%D8%B4_%D9%81%D9%82%D9%87%DB%8C_%D8%AD%D9%82%D9%88%D9%82%DB%8C_(%DA%A9%D8%AA%D8%A7%D8%A8) مرگ مغزی: پردازش فقهی-حقوقی]) is a book in the field of [[Contemporary jurisprudence|contemporary jurisprudence]] written by Hamid Sotoudeh, which was published by the Jurisprudence Center of Aemmeye Athar (PBUT). This book is one of the first and few works that consider the phenomenon of [[Brain death|brain death]] and its jurisprudential and legal consequences in Persian language. The author considers brain death to be the same as death, but he believes that rules such as shroud and burial, which are imposed on the death of a corpse, do not apply here, but such a person is condemned to confinement, invalidation of power of attorney, guardianship, and the like. The most important result of accepting the death of a brain death patient is the permission to remove his organs for [[Transplantation|transplantation]], which the author considers permissible based on the [[Taste of Sharia|taste of Sharia]]. | |||
==Brief Overview== | ==Brief Overview== | ||
The book Brain Death, Jurisprudential Processing written by Hamid Sotoudeh is one of the many works published by [[The Jurisprudence Center of A’emmeye Athar (PBUT)|the Jurisprudence Center of A’emmeye Athar (PBUT)]]. This book focuses on the phenomenon of brain death and examines its jurisprudential and legal effects. Following the preface, the book is divided into three parts, a foreword and two appendices at the end. The author has explained his main claims in the second and third parts. Considering the publication of the book in 2012, it can be considered as one of the first books written on the brain death. | The book Brain Death, Jurisprudential Processing written by Hamid Sotoudeh is one of the many works published by [[The Jurisprudence Center of A’emmeye Athar (PBUT)|the Jurisprudence Center of A’emmeye Athar (PBUT)]]. This book focuses on the phenomenon of brain death and examines its jurisprudential and legal effects. Following the preface, the book is divided into three parts, a foreword and two appendices at the end. The author has explained his main claims in the second and third parts. Considering the publication of the book in 2012, it can be considered as one of the first books written on the brain death. | ||
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Since the concept of Sharia's taste is not very clear, the author explains this concept in the appendix of the book and concludes by quoting phrases from Sheikh Jafar Kashif Al-Ghita (1228): "Sharia's taste is a new understanding in discovering the will of the legislators and the criteria of rulings. Through the collection of evidences that confirm each other, one can reach their common and key aspect” and discover them because these rulings are often signed. (p. 157)Another important point in the author’s words is that, from his perspective, it is possible to uncover some of the [[Underlying rationales|underlying rationales]] behind the rulings related to transactions in the broader sense. This is because such rulings are, for the most part, of an [[Adoptive|adoptive]] (imḍāʾī) nature. | Since the concept of Sharia's taste is not very clear, the author explains this concept in the appendix of the book and concludes by quoting phrases from Sheikh Jafar Kashif Al-Ghita (1228): "Sharia's taste is a new understanding in discovering the will of the legislators and the criteria of rulings. Through the collection of evidences that confirm each other, one can reach their common and key aspect” and discover them because these rulings are often signed. (p. 157)Another important point in the author’s words is that, from his perspective, it is possible to uncover some of the [[Underlying rationales|underlying rationales]] behind the rulings related to transactions in the broader sense. This is because such rulings are, for the most part, of an [[Adoptive|adoptive]] (imḍāʾī) nature. | ||
The author considers the validity of the taste of the Sharia as a result of the validity of customary certainty because in his opinion, the taste of the Sharia is nothing but a customary understanding resulting from the accumulation of suspicion. Without keeping in mind the ruling of reason, and without carefully and reflecting on the book, Sunnah and the statements of the jurists, and without knowing the different areas of the subject and distinguishing the rulings of prohibition and devotion, it is not possible to achieve the taste of Sharia (p. 161). | The author considers the validity of the taste of the Sharia as a result of the validity of customary certainty because in his opinion, the taste of the Sharia is nothing but a customary understanding resulting from the accumulation of suspicion. Without keeping in mind the ruling of reason, and without carefully and reflecting on the book, Sunnah and the statements of the jurists, and without knowing the different areas of the subject and distinguishing the rulings of prohibition and devotion, it is not possible to achieve the taste of Sharia (p. 161). | ||
[[fa:مرگ مغزی: پردازش فقهی حقوقی (کتاب)]] | |||
[[category: books about brain death]] | |||
[[category: books published in the Jurisprudence Center of A’emmeye Athar (PBUT)]] | |||
[[category: books by Hamid Sotoudeh]] | |||