Psychology Rearch, ISSN 2159-5542
February 2012, Vol. 2, No. 2, 130-134
Human’s Posssion on His Own Life in
Islamic and Iranian Doctrine
Hosin Fakhr, Nina H. A. Mohammady
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University of Tabriz, Tabriz, Iran
The aim of this article is to examine religious (Islamic) attitude of human’s posssion on his own life and its
differences with scientific points of view, such as euthanasia permission. According to Islamic doctrine, humans
posssion on his life is not a pure posssion, but a consignment which the God gives to man and the real
posssor is the God, so the only role of the man is protecting. On the other hand, according to Iranian criminal
code, suicide has not defined as a crime, however, Islamic doctrine does not accept even any harm to men’s own
body voluntarily or any kind of suicide attempt. Individualism approach gives the man a strict posssion on his life
(to continue or cea life). Islamic philosophers (foghaha in Arabic) mentioned reasonable evidences and traditional
costumes (naghli evidences) in forbiddance which insist on sanctity of life, and the principal who attempts suicide
(if he stays alive) will punish and if he has died, he would be punished by God (oghoobat-e okhravi). After Iran’s
Islamic revolution in 1979, Iranian criminal system has been completely influenced by the Islamic doctrine in
recent three decades. But still, there is not any clear conviction for suicide, so there is a confliction between the two
attitudes in criminal law and constitution. Firstly, according to criminal law, (no crime or punishment except in) the
All Rights Rerved.
act is not crime, unless it is defined as crime in a criminal code. Secondly, according to Iran’s constitution洋洋洒洒
(article167) in the silence of law in any especial ca, judge would refer to Islamic sources which not only suicidal
attempt is defined as a crime, but also there is so much emphasis on convicting the principal. The following points
will demonstrate in this article: Does suicide permission relate to democracy and freedom of the Islamic countries
nations?; What is suicide conviction in prent the Iranians criminal system?; What are the basic reasons of suicide
forbiddance in Islam?
Keywords: suicide, human rights, lf-autonomy, Islamic law
Introduction
The claim to live and survive is the most eminent equity among the rights of the human being which all the other so-called “human rights” are built upon.
Every true religion’s or statute laws back this very esntial privilege and sanction any offensive violation through designed to enforce punitive measures.
Therefore, some grievous penalties have been and still are being employed by religions and custom laws to face crimes like murder, battery and alik⎯no matter voluntarily or involuntarily.
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However , even if certain mankind deeds and applications, such as suicide, euthanasia, abortion and so on
Hosin Fakhr, Ph.D., Faculty of Humanity and Social Sciences, University of Tabriz.
Nina H. A. Mohammady, Faculty of Humanity and Social Sciences, University of Tabriz.
HUMAN’S POSSESSION ON HIS OWN LIFE IN ISLAMIC AND IRANIAN DOCTRINE 131
have been highly emphasized on by almost every divine credence unexceptionally, there are still discrepancies
being debated among the custom criminal law experts over the issue of whether the above mentioned acts are
considered as being crimes and derving punishments, or not.
The primary reason conflicting custom law and tho of the religions, as we believe, is the ethical and heavenly religious view of human’s life issue that contradicts the realistic approach by custom law to the same.
This article is briefly examining the Islamic attitude as well as Iranians criminal dealing towards the issue of “suicide”.
Inherent Value and the Right of Living in Islam
According to the Islamic doctrine, human being is the most perfect, noble and valuable cherished of all creature of the God.
And somewhere el in Quran (2008), it says:
And when I have proportioned him and breathed into him of My (created) soul, then fall down to him in prostration.
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(Chap. Al-hijr, Vs. 29)
And we have certainly honored the children of Adam and carried them on the land and a and provided for them of the good things and preferred them over much of what we have created, with (definite) preference. (Chap. Al-isra, Vs. 70)
The author of interpretation of the holy Quran, majma-al-bayan, says that, “This ver emphasizes o
n mankinds’ nobelty”, and claims that it means, “we gifted the man the superiority in intelligence and
conscientiousness to discrete right from wrong along with posssion of the good look and lovingly fit
figure”(Al-Tarihi in 1395 lunar calendar, Vol. 6, p.152).
Allameh-Tabatabai (n. d.) also in his own interpretation of the same ver assumed that the honoring of All Rights Rerved.
man is derived from his power of intelligence and thoughtfulness (Tabatabai, Vol. 13 of Bita, p. 217).
The nobility of man, from Quran’s point of view, is so far ahead whom the all mighty in heavens appointed him as his successor on the earth.
(Mention, O Muhammad), when your Lord said to the angels, “Indeed, I will make upon the earth a successive authority”. They said, “Will you place upon it one who caus corruption therein and sheds blood,
while we declare your prai and sanctify you?”. Allah said, “Indeed, I know that which you do not know”
(Chap. Al-baqarah, Vs. 30).
Prophet Mohammad, peace be upon him, announces, as well that, “Absolutely, nothing is more dear and valuable in the prence of the God than human being”.
Succession of the Lord on earth by man, and man being casted in the God’s own mold could also be found in Judaism and Christianity (Old Testament, Book of Genesis, ch.1).
Considering what was said, the doctrine of Islam respects man’s sole and body in full. Quran says killing an innocent is identical to killing the whole mankind and elimination of all signs of life, while saving a single
man equates rescution of the entire humanity.
That proves the large number of Qurani vers forbidding murder which a few are mentioned below:
But whoever kills a believer intentionally⎯His recompen is Hell, wherein he will abide eternally, and Allah has become angry with him and has curd him and has prepared for him a great punishment. (Chap. Al-nisa, Vs. 93)
We ordained for them therein a life for a life, an eye for an eye, a no for a no, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives (up his right as) charity, it is an expiation for him. And whoever高中毕业能干什么
HUMAN’S POSSESSION ON HIS OWN LIFE IN ISLAMIC AND IRANIAN DOCTRINE 132
does not judge by what Allah has revealed, then it is tho who are the wrongdoers. (Chap. Al-maidah, Vs. 45)
明亮拼音O you who have believed, prescribed for you is legal retribution for tho murdered-the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable
follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever
transgress after that will have a painful punishment. (Chap. Al-baghare, Vs. 178)
And there is for you in legal retribution (saving of) life, O you (people) of understanding, that you may become righteous. (Chap. Al-baqarah, Vs.179)
Beside the above vers, there are numerous prophetic narration traditions, news and sayings related to Mohammed, his companions, successors, etc., but we restrain ourlves and withdraw further explanations.
Suicide in Islam
The illegality of unconstitutional act of homicide is precily defined and accurately stated in Quran and traditions of the Prophet and Shii Imams as general applicable precedent for the victim of murder, injury or
battery, and there is not any limitation for it.
Therefore, it includes both homicide, with or without victim’s connt and suicide.
And spend in the way of Allah and do not throw (yourlves) with your (own) hands into destruction (by refraining).
And do good, indeed, Allah loves the doers of good. (Chap. Al-baqarah, Vs. 195)
The obvious subject of the prohibition in this Ver is suicide. As we all know, the most important rea
son for committing suicide disappointment, depression, hopelessness and frustration caud by the problem of the
life.
This happens where in Moslem’s religious literature and in accordance with Prophet Mohammed’s All Rights Rerved.
statement,
The greatest and the most unforgivable sin in prence of the Mercy killing Lord is the lf-deprivation of the vast generousity and the endless mercy fullness of esnce of the God.
… do not kill your children out of poverty; We will provide for you and them. And do not approach immoralities-what is apparent of them and what is concealed. And do not kill the soul which Allah has forbidden (to be
killed) except by (legal) right. This has he instructed you that you may u reason. (Chap. Al-an’am, Vs. 151)
And repeating elwhere, it says,
And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin (Chap. Al-isra, Vs. 31) and O you who have believed, do not consume one another’s wealth unjustly but only (in lawful)
business by mutual connt. And do not kill yourlves (or one another). Indeed, Allah is to you ever Merciful. (Chap.
Al-nisa, Vs. 29)
The Prophet also says:
Whoever tries to toll himlf using an iron tool, shall reside in hell eternally while hitting himlf on his chest with an iron piece. The one who commit suicide by poisoning himlf, shall be holding the bowl of poison in his hand and drinking
a sip at a tie till he dies and will be staying in the flame of the hell.
And, anybody who jumps of a elevated point to suicide, in fact, has thrown himlf in to the hell and is destined to stay there forever. (uode, 1373 solar, p. 176)
All the vers and quotations strongly signal the prohibition of suicide and every kind of physical harm
HUMAN’S POSSESSION ON HIS OWN LIFE IN ISLAMIC AND IRANIAN DOCTRINE 133
in Islam if applied voluntarily. Different prohibitions are due to different looks given at the man by various
faiths, and especially the Islamic point of view. The humanitarian look considers the man as the axes of
legislation and the law must provide the most of the freedom for the most members of the society and the only
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limiting point is the point at which one’s freedom harms the other’s, but in Islam, the God is the sole legislator.
The Islamic belief adjudges the God the absolute authority controlling man’s each and every act and attempt in order to notify him of the conquences of his moves. At the same time, the God directs him to the
road of salvation.
Basically, in the Islamic attitude, commands are mixed with the ethics, being religion with the faith, and the statute is mixed with the conscience.
So, Muslims obey the rules as a conscience and disobey the rules is regard as a mortal sin.
Sin is not only same act or an omission that is against the social rules and regulation, but also any mistreatment that harms the man himlf. (Ardebili, 1379 solar)
Therefore, the human being is the ultimate responsible for his own soul and, but according to the same approach, the human is not considered as the posssor of his very own body. The real owner is the god and
man is only holding it as a consignment. Man should maintain this valuable consignment in good shape, u it
well and when the time comes, he must deliver it back to the real posssor in good condition.
And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart-about all tho (one) will be questioned. (Chap. Al-isra, Vs. 36)
So, due to the mentioned reasons, suicide, mercy killing, euthanasia and any voluntary physical and mental harms of the body or prohibition (“haram” is the Arabic word for that), then again, some Islamic All Rights Rerved.
scholars have banned dangerous and violent sports, such as duel or wrestling.
Some other scholars believe banning some dangerous substances namely cigarette or intoxicating drugs due to the same reasoning.
Suicide in Iranian Statute Law
Iran is a country, with a majority of Muslim population, which has its law highly influenced by Islamic sources.
After the Islamic revolution in early 1979 and establishing an Islamic Republic regime, it was affected by the Islamic rules and regulation a lot more than before, especially the criminal code which was influenced more
than the others.
Bad on the Iranian constitution⎯principle 4, every rule and code in Iran must abide Islamic rules and regulation, or, at least, mustn’t be in contrast with them.
And according to the principle 167 of the same constitution, judges are obligated to decide the conviction bad on the statute laws. In the abnce of a law, they must look it up among Islamic sources: (Quran,
precedent of the Prophet and the Imam of shii, connsus of opinions among Muslim jurists and finally the
judge’s own perception of the ca and intellect). No judge is allowed to refu convicting becau of the
silence of the law.
The few principles show how influential Islam is over the Iranian laws.
Although Iranian criminal code is influenced by Islamic rules, there is so much emphasis on custom
HUMAN’S POSSESSION ON HIS OWN LIFE IN ISLAMIC AND IRANIAN DOCTRINE 134
criminal law which is commonly ud in most criminal system around the world.
However, the principle of “no crime or punishment except in” is accepted in accordance with the Islamic sources, too.
According to principle, 36 of the constitutions state that any punishment verdict should be given by an eligible court.
And according to article 2 of Iran’s criminal code, crime is any act or omission which is defined as crime in statute law.
Which is here, the statute law means, “Acts or bills ratified by the Parliament and approved by Guardian council”.
Argument contrary to the principle 36 and article 2 is, “If an act is not defined as crime, it is free to be committed and we cannot accu anyone of committing it”.
Conclusions
In this article, we examined human’s posssion on his own life in accordance with Islamic and Irani
an doctrine, in conclusion, according to Islamic doctrine the man who commits suicide would not be punished60Si2MnA
even though it is prohibited by laws of Islam. That is becau death drops down the conquence one’s crime.
But if the perpetrator lives, his act shall be regarded as attempted suicide and he will be granted a discretionary punishment (a kind of punishment ntenced by judge).
Although suicide is defined as a crime in Islamic sources, there is not anything said about in Iran’s statute law to regard it as a crime or a punishment.
So, in Iranian code, living and surviving is considered a right and not an obligation which means it does All Rights Rerved.
not intervene with the personal decision whether to continue or cea one’s own life and is clo to the Western
laws in this esnce.
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