نوع مقاله : مقاله پژوهشی
نویسنده
دکترای تخصصی، مدرس حوزه و دانشگاه، پژوهشگر مرکز تحقیقات فقهی ـ حقوقی قوۀ قضاییه، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the key discussions regarding individuals sentenced to capital punishment is the possibility of replacing execution or qisas (retributive justice) with organ donation and transplantation. In this method, the convict’s viable organs are removed and transplanted, leading to their death. The removal of an organ from a living person for transplantation presents three scenarios, two of which involve a conflict between harming the donor and saving a patient's life. In one scenario, a vital organ is removed, causing the donor’s death. In another, a non-vital organ is donated, meaning the donor survives but faces difficulties in their daily life.
This study explores the legal and ethical implications of organ donation or sale as an alternative to capital punishment, addressing key concerns such as voluntary consent, legal oversight, and mechanisms to prevent violations. The research follows a descriptive-analytical approach using library sources.
Findings indicate that replacing capital punishment with organ donation faces significant challenges. According to Article 40 of the 2019 Executive Regulations on Hudud (Islamic prescribed punishments), judicial authorities must adhere to traditional and established methods of execution outlined in Islamic jurisprudence. As a result, implementing capital punishment in a way that accommodates an inmate’s request for organ donation—such as through surgical organ removal—currently lacks explicit legal authorization and remains a subject of debate in Islamic law.
کلیدواژهها [English]
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