Document Type : Original Article
Authors
1
PhD Student, Department of Crime and Criminology, Isfahan-Khorasgan Branch, Islamic Azad University, Isfahan, Iran
2
Associate Professor, Faculty of Humanities and Law, Azad University, Isfahan (Khorasgan), Iran
3
Associate Professor, Department of Criminal Law and Criminology, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
4
assistant professor at law,islamic azad university,isfahan(khorasgan) branch
10.30510/psi.2022.329062.3112
Abstract
The right to stand has different interpretations in different teachings and schools, and based on this, the scope of authority and freedom of action of individuals has a special meaning. The unanswered question is whether the right holder can waive his right. For example, in one example, does the right to life have to do with the right to die? In Islamic teachings, the right to stand does not mean absolute autonomy. It even excludes an individual. The intellect and the Shari'a, as two protectors and even guides of individual freedom, have an important role in restricting the right to stand. In Islamic law, man is in control of himself, in the sense that he is in control of his time and place. , But he can not take his own life voluntarily, so suicide and murder out of pity and the like are illegitimate in principle. Something does not mean having the right to it. In other words, if domination of the soul and body parts is accepted within the religious and legal framework, it does not mean having the right to the soul and the organs of the body. Items such as the principle of real property, the principle of credit ownership, the principle of inherent ownership are referred to in the authors' writings. There is a possibility for criminalizing it based on the teachings of jurisprudence and criminal law. In the present study, it has also been addressed.
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