Document Type : Academicm and Research
Author
Assistant Professor of Islamic Law
Abstract
Can we kill some to save more? Can we kidnap a child to prevent following child abuse? In the academic literature, these questions are known as the "Trolley Problem". From a legal perspective, the trolley literature is addressing a minor issue in criminal law, whether one can justify conduct that is prima facie legally wrongful and hence prima facie illegal (i.e., acting in a manner intended to cause death or serious injury to another party)? I have tried to solve the trolley mystery based on the principles accepted by Imamiyyah jurists. Since American jurists have previously raised detailed discussions in this regard, I compare fiqhi possible solutions with theories in American law. Concisely, both Imami and American jurists let you kill some to save more. The main justification for that in Imamiyyah fiqh is the rule of "daf̊ʿi al-afsad bi al- fāsid" and the rule of "lesser evil" in American law.
Keywords
Main Subjects
)
Send comment about this article