The Last Moment of Life from the Perspective of Jurisprudence and Forensic Medicine
Keywords:
last moment of life, stable life, unstable life, homicide, jurisprudence, forensic medicineAbstract
Death and life, from various perspectives, are regarded as serious and fundamental concepts for human beings. Medicine, jurisprudence, and law also treat this subject with great seriousness, since numerous juridical and legal consequences are contingent upon human life and death. Accordingly, resolving potential problems and disputes that arise in this domain—whether between members of society on the one hand, and physicians, the government, and other social actors on the other—has led jurists and legal scholars to closely examine these issues. On this basis, the present study seeks to analyze the concept of the last moment of life from the perspectives of jurisprudence and forensic medicine. The research method is interpretive–analytical, and data are analyzed through note-taking and interpretation of the collected information. The findings indicate that, from the physician’s perspective, when considering the last moment of a person’s life, a return to life is deemed impossible; therefore, a definitive ruling of homicide is issued, and the individual who placed the victim in the state of the last moment of life is identified as the killer. However, from the jurist’s perspective, based on juridical rulings and subsequent considerations (after certainty is achieved regarding the complete departure of the soul from the body), the last moment of life is not regarded as certainty-producing. Consequently, the application of definitive juridical and legal rulings of homicide is not considered permissible until certainty is attained regarding the complete departure of the soul from the body.
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1. Sheikh Veisi M. The Place of the Principle of Personal Autonomy in Assisted Dying (Euthanasia) from a Human Rights Perspective [Master's Thesis]: Allameh Tabataba'i University, Faculty of Law and Political Science; 2016.
2. Mousavi Karimi MS. Life: A Human or Divine Right? Human Rights. 2023;1(35):7-35.
3. Nazari Tavakkoli S. Comparison of Brain Death with Unstable Life. Articles and Reviews. 2003;36(1):87-105.
4. Rahmati M, Farahzadi AA. A Study of Brain Death from the Perspective of Jurisprudence and Criminal Law. Iranian Journal of Medical Ethics and History of Medicine. 2011;4(2):23-33.
5. Hejazi SA, Moshirahmadi A, Sabetian G, Badieian Mousavi N. Analyzing Euthanasia Based on Article 372 of the Islamic Penal Code. Iranian Journal of Medical Ethics and History of Medicine. 2016;9(5):1-12.
6. Abbasabadi Arabi M, Hagghi A, Kohansal A. Investigating the Concept and Instances of Life in the Quran and Transcendent Wisdom. Contemporary Wisdom. 2021;12(1):137-64.
7. Paymard A. Life and Survival of the Soul After Death. Theological Beliefs Research Quarterly. 2022;13(3):95-128.
8. Nielsen K, Skotnicki T. Sociology towards death: Heidegger, time and social theory. Journal of Classical Sociology. 2019;19(2):111-37. doi: 10.1177/1468795X18772745.
9. Prakash P. Coma and Brain Death: Facts, Myths, and Mysteries. Oxford: Oxford University Press; 2024.
10. Zeinali A, Fazli A. Jurisprudential Investigation of Organ Transplantation from Brain-Dead Patients. Judicial Law Research. 2021;2(3):285-309.
11. Ghajavand Z, Shadmanfar MR, editors. The Status of Stable (Mustaqirr) and Unstable Life in Iranian Jurisprudence and Criminal Law. Global Conference on Psychology, Educational Sciences, Law and Social Sciences at the Beginning of the Third Millennium; 2016; Shiraz.
12. Mohammadi MZ. Comparative Study of the Nature of Persistent Vegetative State and its Penal Rulings from the Perspective of Islamic Jurisprudence. Essays in Medical Jurisprudence. 2023;9(30):127-56.
13. Moshirahmadi A, Hejazi A, Sabetian G, Badieian Mousavi N. Analysis of the Do Not Resuscitate (DNR) Order for Patients Lacking Stable Life Citing Article 372 of the Islamic Penal Code. Scientific Journal of Forensic Medicine. 2019;25(2):99-103.
14. Beigi J, Siadar A. Intentional Murder in Islamic Jurisprudence and Iranian Regulations (A Comparative Study). Comparative Law Research Quarterly. 2019;4(3).
15. Amini J, Ardebili MA, Shambiyati H. A Comparative Study of Brain Death in Egyptian and Iranian Law. Medical Law Journal. 2018;12(45).
16. Nikzad A, Jorsaraei SG. Brain Death from a Jurisprudential Perspective. Journal of Babol University of Medical Sciences. 2016;18(7):68-77.
17. Molina-Pérez A, Bernat JL, Dalle Ave A. Inconsistency between the circulatory and the brain criteria of death in the Uniform Determination of Death Act. The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine. 2023;48(5):422-33. doi: 10.1093/jmp/jhad029.
18. Taklif MH, Shahbazi M, Yousefi P, editors. The Role of Education in Nursing Ethics and the DNR Challenge: A Review Article. The 3rd Research Congress of Students of Hormozgan University of Medical Sciences; 2021.
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Copyright (c) 2025 Zobideh Ghojavand (Author); Maryam Naghdi Dorabati; Seyed Abbas Jazayeri , Mohammad Rasool Ahangaran (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
