A Comparative Study of Euthanasia in Iranian Law with Emphasis on the Jurisprudential Maxim of Isqāṭ Mā Lam Yajib and the Approach of Austria
Keywords:
Euthanasia, Iranian law, jurisprudential rule, abortion, Austrian approachAbstract
In some countries, including Austria, laws on euthanasia have been enacted to accelerate the death of incurable patients. The Iranian legislator has adopted a passive approach; in other words, in this regard, neither criminalization nor decriminalization is observed. In the Iranian legal system, no explicit position can be found concerning euthanasia. However, it appears that in cases such as ending a non-stable life, where the individual is legally deemed to be in the status of a deceased person, such as individuals diagnosed with brain death, the legislator has accepted euthanasia. In late 2020, the Constitutional Court of Austria permitted assisted suicide from the beginning of 2021; however, this may be carried out only subject to certain conditions. The important point is that in Austria, religion and Sharia have no place in legislation. Rather, because religion is separated from politics, Austria is a federal state, and each state legislates independently; accordingly, conditions for the implementation of euthanasia were approved.
References
Agha Babaei Bani, E. (2012). Jurisprudential and Legal Issues of Mercy Killing (1st ed.). Research Institute of Islamic Sciences and Culture.
Azhdari, F., Sayadi, V., & Nazari, S. (2019). A Study of Euthanasia (Sweet Death) in Jurisprudence and Criminal Law (1st ed.). Roza.
Bassami, M., & Abbasi, M. (2009). Mercy Killing: From the Perspective of Ethics, Religions, and Criminal Law (1st ed.). Legal Publications.
Erfani Rad, M. M., & Sajedi, A. (2013). Jurisprudential and legal foundations of euthanasia with an approach to the Islamic Penal Code enacted in 2013. Quarterly Journal of Islamic Jurisprudence and Legal Foundations, 7(20).
Goldouzian, I. (2014). Annotated Islamic Penal Code (2nd ed.). Majd Publications.
Hojjatzadeh, N. (2005). The Mirage of Comfort in the West: Euthanasia, Theoretical, Religious, and Ethical Perspectives (2nd ed.). Aristotle.
Katouzian, A. H. (2013). Euthanasia and its study from the perspective of criminal law and civil law. Social Network Portal of Jurists.
Khoei, A. (1998). Foundations of Takmilat al-Minhaj, Persian Edition (1st ed.). Jangal Publications.
Khomeini, R. (1993). Tahrir al-Wasilah (7th ed.). Islamic Publications Office.
Khosravi, K., Daneshvar Sani, R., & Asghari, A. (2018). An analysis of Article 365 of the Islamic Penal Code enacted in 2013: Euthanasia from the perspective of Islamic jurisprudence. Criminal Law Teachings(15).
Khosravi, K., & Mousafar, M. (2020). Application of Principles of Jurisprudence in Criminal Law: With Case Studies of Impossible Crime (Tajri), the Rule of Dar', Euthanasia, and Apostasy (1st ed.). Amjad.
Kneissl, K. (2018). Coexistence in Austria.
Mohaghegh Damad, M. (2008). Rules of Jurisprudence: Criminal Section. Islamic Sciences Publishing Center.
Mohammadi, L. (2010). A Study of Sweet Death or Euthanasia in National Criminal Laws. Haq Gostar.
Mortazavi, M. (2017). Mercy Killing (Euthanasia) in the Mirror of Jurisprudence (1st ed.). Imam Khomeini Educational and Research Institute.
Rahimi, M. M. (2013). A Study of the Jurisprudential and Legal Dimensions of Euthanasia with a Criminal Law Approach (1st ed.). Imam Sadiq University.
Sheikh al-Islami, A., Shirzad, O., & Seyedahmadian, S. M. (2019). The position of different religions toward euthanasia or mercy killing and the ethical and mission-related challenges of law enforcement forces. Police Medicine Journal(4).
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Seyed Mehdi Sajadi (Author); Esmaeil Behesht (Corresponding author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
