چکیده:
The feasibility to execute retaliation and capital punishment through organ donation is an innovative solutions and yet effective way to protect the human life and health. Imamie's famous jurisprudents believe that the method of punishment’s fulfillment does not matter by itself, and the punishment must be implemented in such a way as to impose the least suffering on a person, in contrast to some jurisprudents, equality and the Resemblance of execution are indispensable. This article, while accepting the well-known opinion, on this basis, the convict will suffer the least and it is possible to change the manner of punishment, considering that one of the most important sources for providing a transplanted organ, especially the basis organs such as the heart, lungs, liver, and pancreas, etc., is in the body of people who is sentenced to death. and in most cases, they have healthy organs and they are buried with the execution. however, governmental order is solution Especially in cases of dissatisfaction to organ transplantation.
خلاصه ماشینی:
Feasibility of Issuing a Governmental Order for Organ Transplantation of Convicts Sentenced to Death Without the Permission of the Convict Ali Fatehi * / Ali Akbar Izadi Fard ** / Mohammad Mohseni Dehkalanai *** *** Date Received: 2018/05/07 Date Accepted: 2019/01/19 Abstract The possibility of executing the punishment of Qisas (retaliation) and execution through organ donation is a novel and, at the same time, influential category in safeguarding the blessing of human health and life.
3-3- Viewpoint on the Non-Exclusivity of Execution Methods Many jurists consider absolute killing, regardless of the method, to be permissible in the punishment of execution, arguing that in all types of execution methods, what is desired by the Legislator (Sharia) is simply the taking of life (Tusi, 1351: 48/7; Muhaqqiq al-Hilli, 1408: 156/4; Shahid al-Thani, 1419: 450/2).
It is worth mentioning that in addition to what was said regarding the proof of the initial ruling on the matter, the Sharia judge, if the necessary interest of society and the preservation of order require it, can absolutely order the execution of one of the methods of killing for a criminal sentenced to death based on expediency (Saduq, 1413: 4/3; Khomeini, 1376: 167).
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