Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Possibility of Ta'zir (Punishment) of Human Freezing Operations from the Perspective of Criminal Jurisprudence

Document Type : Original Article

Authors
1 Ph.D Student, Department of Figh and Foundations of Islamic Law, Faculty of Theology, Khorasan International Branch, Islamic Azad University, Mashhad, Iran.
2 Assistant Professor, Department of Figh and Foundations of Islamic Law, Faculty of Theology, Mashhad Branch, Islamic Azad University, Mashhad, Iran. (Corresponding Author)
3 Assistant Professor, Department of Figh and Foundations of Islamic Law, Faculty of Theology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
10.22034/jccj.2022.354847.1066
Abstract
Man is a creature that inherently desires eternal survival and life, and for this purpose has invented methods in which cryonics or human freezing is one of the newest and most advanced and at the same time the most challenging. In this method, it is hoped that the dead person's body can be kept through freezing for a long time and will be revived in the future. Contemporary jurists have forbidden this practice.  According to most of them, human freezing is a form of murder if it is before a person's natural death, and if it is then, it is illegal to keep the body and not observe the rituals related to the burial of the dead person. Finally, according to the rule of "Ta'zir for Haram actions", the perpetrators of this illegitimate act can be punished.
Keywords

Volume 1, Issue 1 - Serial Number 1
Spring 2021
Pages 99-107

  • Receive Date 05 February 2021
  • Revise Date 09 March 2021
  • Accept Date 15 March 2021
  • Publish Date 21 March 2021