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Yahya Arab Balajelini , Rahmatollah Rezaei , Seyed Mehran Hosseini,
Volume 25, Issue 1 (3-2023)
Abstract
Hermaphrodite patients are individuals who, due to various issues such as chromosomal, gonadal or hormonal disorders that occurred during pregnancy, experience physiological abnormalities in their genital area after birth. As a result, they may have both male and female genitalia or be born ambiguously as a baby boy with female sexual organs, or vice versa. In order to study the challenges presented by this condition in the Islamic Penal Code, sources were collected from Irandak, Normagz, and SID Civilica Jihad academic databases using keywords such as hermaphrodite, neutrality, criminal policy, gender identity disorder, gender ambiguity, recidivism, multicrime, neutral jurisprudential rule, and factors that reduce responsibility due to thematic and conceptual relevance. The time frame considered for the study was from 1980 to 2022, and 57 sources were included. The criteria for inclusion in the study were criminal, jurisprudential, and medical articles related to hermaphroditic and criminal topics relevant to the questions posed in the article. The purpose of this study is to provide a correct explanation of the challenges in the Islamic Penal Code and to answer them. Given the nature of these disorders and the lack of knowledge among affected individuals, families, and society, as well as the exclusion of the conditions of these patients in different laws, this article attempts to explain the place of hermaphrodites in medical science, how this disorder occurs in these individuals, and the introduction of hermaphrodite patients in Islamic jurisprudence. It also discusses where these individuals are placed as human beings in Imamiah jurisprudence. The most important part of this article is devoted to the articles of the Islamic Penal Code regarding the commission of crimes such as hudud, retribution, blood money, and punishment. The most significant challenge in implementing penal law for these patients is the lack of differential criminalization. Specifically, there is a need to develop criminal laws for crimes that these individuals are more likely to commit and determine appropriate punishments, such as obtaining a guarantee of non-custodial executions. In addition, during the investigation phase, there is a lack of an appropriate differential procedure for this category of patients. This requires training for judges and officers, such as police and officers dealing with these patients, as well as adaptation of detention spaces (detention centers and prisons) to prevent victimization or re-offending due to the special mental and physical conditions of these patients. In conclusion, research on hermaphrodite patients is necessary to change attitudes towards them and take practical measures at the social level in legislative, judicial and executive criminal policy. This article uses a descriptive method and library sources to explain and analyze this purpose.
Behina Banifatemi , Azizeh Karimian , Amir Reza Ahmadinia ,
Volume 27, Issue 3 (10-2025)
Abstract
Background and Objective: One of the prominent challenges in the dental profession is patient complaints, many of which lead to legal and criminal prosecution. This study aimed to determine the prevalence and causes of patient complaints against dentists in Golestan Province.
Methods: This descriptive study was carried out on 96 complaint files against dentists in Golestan Province, Iran, using a census method during 2012-2022. The necessary information was extracted from the files and recorded in an information form.
Results: The most frequent complaints were related to prosthodontics (29.2%), surgeries (26%), and endodontics (18.8%). The dentists who received complaints were predominantly male (75%) and had a general dentistry degree (90.6%). In 33% of the complaints, the dentist was found liable. None of the complaints against specialists resulted in the practitioner being found at fault.
Conclusion: The most common complaints were in the fields of prosthodontics, surgeries, and endodontics. The dentists involved were mostly male general dentists. Moreover, 33% of the complaints led to a conviction. Complaints related to prosthodontics and surgeries primarily concerned cosmetic treatments and implant surgeries, highlighting the need to review the educational curriculum for general dentists.
Alimohammad Heidar Sarlak, Seyed Rasool Hosseini Kohestani ,
Volume 27, Issue 3 (10-2025)
Abstract
The preservation of mahramiyyah (permissibility) in medical examinations has always been a challenging issue from the perspective of fiqh (Islamic jurisprudence). This matter becomes particularly significant in cases where medical necessities conflict with religious rulings. This analytical-research study, with a comparative approach, was conducted to provide a new framework to establish a balance between medical necessities and fiqh rulings. First, the theoretical foundations and research background were first extracted using reliable library sources, fiqh texts, and scholarly medical books and articles. Sources were searched in the following databases: PubMed, Scopus, Web of Science, Scientific Information Database (SID), Magiran, NoorMags, the Computer Research Center of Islamic Sciences (Noor), and the Comprehensive Jurisprudence Database. The keywords used included “Medical Mahramiyyah,” “Medical Fiqh,” “Medical Necessity,” “Non-Same-Sex Examination,” “Patient Privacy,” “Islamic Telemedicine,” and “Medical Religious Rulings” in Persian, English, and Arabic. Selected sources spanning the period during 1981-2024 were evaluated. The inclusion criteria comprised direct relevance to the topic, peer review, and appropriate content quality. The exclusion criteria included irrelevance to the topic, non-peer reviewed, replicate sources, studies with low quality or without valid data, public or news reports lacking scientific basis. Ultimately, 37 sources were selected and analyzed based on thematic analysis and fiqh deductive reasoning to identify common principles and points of conflict between the fiqh data and medical requirements. Emerging challenges in medical fields, such as telemedicine, were also evaluated. Although the primary principle in Shia fiqh is the prohibition of looking at (except for the face and hands up to the wrist) and touching a person of the opposite sex, whether for treatment or otherwise, there is a consensus among faqihs (Islamic jurists) that, in cases of necessity, this principle is suspended. As a result, examinations requiring touching and looking, even of the genitals, by a physician of the opposite sex are permissible. In both fiqh and medicine, necessity is defined as an urgent need for treatment or medical procedures that, if not performed, could lead to a serious threat to the patient's health. However, some faqihs, based on the rational rule of “Irtikāb Aqall al-Qabīḥayn” (committing the lesser of the two detestable things), deem direct touch and direct viewing to fall under the primary prohibition in instances where telemedicine and indirect examinations suffice for the aforementioned necessity. This research offers practical solutions to maximize the preservation of mahramiyyah in medical examinations, aiming to improve the quality of medical services in Islamic societies while adhering to religious principles.
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