Legal and Juridical Study of Qiṣāṣ through Donation of Organs

Document Type : Research Article

Authors

• ‘Abd al-Riḍā Javān Ja‘farī
• Sayyid Muḥammad Javād Sādātī

10.22067/fiqh.v0i0.7427

Abstract

The applicability of executing the qiṣāṣ punishment through donation of organs is a novel topic and at the same time influential in safeguarding the blessings of human health and life.
The legitimacy of this procedure requires delving into legal views and opinions. The renowned majority of Imāmī jurists believe that the procedure of executing punishment in blood-vengeance has no topicality (relevance), and punishment has to be executed in a way that inflicts the least suffering on the criminal. In contrast, some other jurists believe that the equality and resemblance (mumāthilat) between the quality and procedure of executing the punishment and the perpetrated crime is an essential condition. According to this group of jurists, upon committing a murder, the whole body of the murderer is made available to the legal guardians (avengers of blood), who have carte blanche in executing blood vengeance in proportion to the features of the perpetrated crime.
Accepting the above-mentioned approach, the necessity of resemblance in the quality of punishment and the perpetrated crime is no longer an option and the blood vengeance can be administered using methods that inflict the least pain and suffering on the criminal. It is for this reason that the renowned majority of Imāmī jurists have on one hand emphasized on administration of blood vengeance with a sharp sword and on the other hand have accepted
using the new methods that conform to the criteria presented above. Therefore, it seems that the procedure of donation of organ can also be used in administration of blood vengeance.

Keywords

• Crime
• blood vengeance
• donation of organ
• avengers of blood
• resemblance

---