Islamic law

  • 文章类型: Journal Article
    第四次工业革命的爆发对生活的许多方面产生了重大影响。医学新技术的发现带来了创新:器官移植。三维(3D)器官打印技术的引入有望改善该领域。肝脏等器官,肾脏,心脏和其他打印以满足实际器官的需要。然而,原型器官的生产以取代原始器官与改变真主创造的问题有关。因此,本研究将根据伊斯兰法的角度分析在三维(3D)器官打印技术中改变上帝的创造问题。伊斯兰法律中使用了几种适当的方法(usulfiqh),例如通过maqasid伊斯兰教法视角进行法律推理和类比推理。结果表明,三维(3D)器官打印技术属于改变真主创造的允许类别,因为它可以拯救人类生命。允许通过3D打印生产器官,涉及必要性(daruri)和需求(hajiy)类别中的变化,但是理想的类别(tahsini)需要进一步的规格。
    The outburst of the fourth Industrial Revolution had a significant impact on many aspects of life. The discovery of new technologies in medicine has resulted in innovations: organ transplants. The introduction of three-dimensional (3D) organ printing technology promises improvements to the field. Organs such as the liver, kidneys, heart and others are printed to meet the needs of the actual organs. However, the production of prototype organs to replace the original organs is associated with the issue of changing the creation of Allah. Accordingly, this study will analyse the issue of changing the creation of God in three-dimensional (3D) organ printing technology according to the perspective of Islamic law. Several appropriate methodologies in Islamic law (usul fiqh) are used such as legal reasoning through maqasid shariah perspective and analogical reasoning. The result shows that three-dimensional (3D) organ printing technology falls under the permissible category of changing the creation of Allah because it can save human lives. The production of organs through 3D printing involving changes included in the category of necessity (daruri) and need (hajiy) is permissible, but the category of desirable (tahsini) requires further specifications.
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  • 文章类型: Journal Article
    Posthumous reproduction (PHR) is the process by which assisted reproductive technology is used to establish pregnancy and produce genetic offspring following the death of a parent. There are different ethical and legal approaches towards this method of reproduction around the world. This paper will study the legality of PHR and its legal consequences for the family status of a child born by this technology according to Iranian law. This research uses the descriptive-analytical method to study Iranian legislation, the opinion of jurists and jurisconsults, and case law in the area of PHR. The only statute regarding assisted reproductive technology in Iranian law - the Embryo Donation Act 2003 - and the associated regulation contain no explicit provision on PHR. The subject is therefore very controversial among Iranian jurists and jurisconsults. This issue has also been the subject of divergent court decisions. This study shows that the current legislation is insufficient to address various issues raised by PHR, and there is a need for the legislature to provide legislative clarity. Although advocates of this technique use the approval of some jurisconsults (fuqahâ) as justification for the legal recognition of PHR during the idda period in Iranian law, some concerns regarding the practice, especially the child\'s best interests, support prohibition or at least restriction to specific, limited cases.
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  • 文章类型: Journal Article
    Influenza virus is a life-threatening pathogen that infects millions of people every year, with annual mortality in the hundreds of thousands. The scenario for controlling infection has worsened with increasing numbers of vaccine hesitancy cases reported worldwide due to objections on safety, religious and other grounds. Uses of haram (impermissible) and mashbooh (doubtful) ingredients in vaccine production has raised doubts among Muslim consumers and consequently stimulated serious vaccine hesitancy. To address this major problem, we have reviewed and recommended some alternatives appropriate for manufacturing cell-based influenza vaccine which comply with Islamic laws and consumers\' needs. Intensive assessments of current influenza vaccine production in both scientific and Islamic views have led to the identification of four main ingredients deemed impermissible in novel sharia-compliant (approved by Islamic laws) vaccine manufacturing. Only some of these impermissible components could be replaced with halal (permissible) alternatives, while others remain impermissible due to unavailability and unsuitability.
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  • 文章类型: Journal Article
    伊朗目前正在讨论大麻和鸦片法规,这可以通过国家监督的系统使毒品消费合法化。本文通过研究伊朗伊斯兰共和国宗教当局的法律解释来解决大麻问题。选择伊朗的理由有几个:首先,伊朗有着悠久的吸毒历史,自远古时代以来,大麻一直是该国令人陶醉的传统的一部分;其次,伊朗国家的独特之处在于它通过官方渠道将宗教教义与政治阴谋相结合;最后,在所有中东和伊斯兰国家中,伊朗在毒品政策领域的试验是前卫的,这为研究大麻监管提供了极好的理由。这篇文章是与伊朗主要的什叶派当局直接接触的结果,maraje\'-etaqlid,\'仿真源\'。作者编辑了关于大麻在伊朗社会中地位的八个问题(estefta\'at)。它质疑大麻在伊斯兰教中的合法性,其潜在的医疗用途,国内生产的可行性及其社会宗教生活的其他相关方面。根据回应,作者分析了宗教学者之间的意见分歧,并推测了政策改革的可能性。鉴于伊斯兰世界缺乏关于非法毒品的学术研究,许多读者可能不熟悉,本文首先概述了大麻在伊斯兰社会史上的地位。它讨论了术语歧义,在宗教文本和传统中引用,以及穆斯林宗教思想流派中的一般解释。然后,在解决宗教学者提供的答复之前,它讨论了当代伊朗的大麻状况。最终,该文件提出了对未来大麻政策发展的潜在影响的思考。
    Iran is currently discussing cannabis and opium regulations, which could bring a legalisation of drug consumption through a state supervised system. The article engages with the question of cannabis by looking at the legal interpretation of religious authorities in the Islamic Republic of Iran. The choice of Iran is justified for several reasons: firstly, Iran has a long history of drug use and cannabis has been part of the country\'s intoxicant traditions since times immemorial; secondly, the Iranian state is unique in that it combines religious exegesis with political machination through official channels; finally, among all Middle East and Islamic countries, Iran is at the avant-garde in experimenting in the field of drugs policy which makes an excellent case for the study of cannabis regulation. The article is the result of a direct engagement with Iran\'s leading Shi\'a authorities, the maraje\'-e taqlid, \'source of emulation\'. The authors redacted a list of eight questions (estefta\'at) about the status of cannabis in Iranian society. It questioned cannabis\' legality in Islam, its potential medical use, the feasibility of domestic production and other relevant aspects of its social-religious life. Based on the responses, the authors analysed the difference in opinions among the religious scholars and speculate on the possibility of policy reform. Given the dearth of scholarly work about illicit drugs in the Islamic world, about which many readers might not be familiar, the article opens with an overview of the place of cannabis in the history of Islamic societies. It discusses terminological ambiguities, references in religious texts and traditions, and the general interpretations within Muslim religious schools of thought. Then, it discusses the status of cannabis in contemporary Iran before tackling the responses provided by the religious scholars. Eventually, the paper puts forward reflections about the potential implications for future policy developments on cannabis.
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  • 文章类型: Journal Article
    BACKGROUND: This research-based paper examined the Indonesian foundation and endowment laws in relation to educational and religious institutions which are managed under foundation legal structure. The institutions examined were: 1) The Pondok Pesantren al-Ansor Foundation in Padangsidimpuan City; 2) The Pesantren Dar al-Ma\'arif Education Foundation in South Labuhanbatu Regency; and 3) ​The Masjid Agung Foundation in Medan City.
    METHODS: Using legal sociology and critical legal analysis, data were collected through field research, document study, and in-depth interviews. The documents studied were laws, books, papers, and other related writings relevant to this research. Interviews were conducted with informants obtained from snowball sampling and key person methods.
    RESULTS: It was found that in terms of foundation wealth, these institutions can be categorized into three: (1) foundation with founder\'s wealth; (2) foundation with endowment wealth; and (3) foundation with both founder\'s and endowment wealth. Even though both foundation and endowment legal structures have the same aim of societal welfare, it was found that when they are merged into one legal structure, the foundation becomes more dominant, and there is a risk that the endowment asset\'s status become unclear. The asset may be sold or its status may be changed from endowment wealth to foundation wealth. This unclear status may also be caused by conflict of interests among the foundation members and people involved in the foundations. Even when the foundation status is clear, most if not all foundation members violate the rules stipulated by the Foundation Law. The lack of status clarity has caused these institutions to become objects of conflict.
    CONCLUSIONS: There is a need to position the status of these institutions accurately and it is recommended that the endowment legal structure is used for institutions with endowment wealth.
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    文章类型: Journal Article
    目的:儿科研究的重要性,尤其是在伦理证明的试验中,导致了大量立法尝试与编制伦理指南相关。由于儿童的脆弱性,进行儿科研究会引起不同的伦理问题;其中最重要的两个是知情同意和风险收益评估。宗教和社会文化背景的差异限制了道德标准的含义。
    方法:为了找到解决方案,我们严格审查了指南,除了比较在儿科研究中应用伦理标准的不同观点外,还有文献和伊斯兰观点。
    结果:文献综述表明,儿科研究指南和作者的观点具有相同的基本伦理核心,但是有一些变化;取决于文化,宗教,和社会差异。此外,这些标准在根据儿童的年龄和申请能力定义知情同意方面有一定的局限性。
    结论:在这方面,关于生长发育和青春期的伊斯兰方法和定义阐明了对该问题的更清晰,更合理的解决方法。
    OBJECTIVE: The importance of pediatric research especially in the ethically proven trials resulted in considerable legislative attempts in association with compiling ethical guidelines. Because of children\'s vulnerability conducting pediatric research raises different ethical issues; the two most important of which are informed consent and risk-benefit assessment. Differences in religious and socio-cultural context limit implication of ethical standards.
    METHODS: At the aim of finding a solution we critically reviewed guidelines, and literatures as well as Islamic points in addition to comparing different viewpoints in application of ethical standards in pediatric research.
    RESULTS: The literature review showed that pediatric research guidelines and authors\' viewpoints have the same basic ethical core, but there are some variations; depend on cultural, religious, and social differences. Furthermore, these standards have some limitations in defining informed consent according to child\'s age and capacity upon application.
    CONCLUSIONS: In this regard Islamic approach and definition about growth development and puberty sheds light and clarifies a clearer and more rational address to the issue.
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