نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار فقه و مبانی حقوق اسلامی، دانشگاه مازندران، بابلسر، ایران (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The phenomenon of hypnosis and its application is regarded as one of the prevalent issues in contemporary society. However, its normative ruling remains relatively ambiguous, as it has been rarely discussed among scholars, and only a few have briefly addressed it. After conducting an analysis, the author concludes that hypnosis cannot be considered prohibited based on customary practices or the rational conventions of society. This is because hypnosis, as practiced today, is founded on established principles and methods, and is not deemed an extraordinary or supernatural phenomenon that would place it in the category of sorcery and thus render it prohibited. Nevertheless, it can be deemed prohibited based on three arguments: the prohibition of uncovering and revealing individuals' secrets, the principle of human will autonomy, and the jurisprudential principle of inherent human dignity and honor. However, in applying these three arguments, a distinction must be made between cases where the subject has given consent and those where consent is absent. In the absence of consent, hypnosis can be considered prohibited in certain situations based on the aforementioned three principles. In some cases, it can also be deemed obligatory due to the principle of conflict resolution and the prioritization of the more significant over the less significant. On the other hand, in cases where the subject has given consent, these three principles cannot be invoked due to the presence of consent. In such scenarios, hypnosis may be considered prohibited, permissible, or obligatory, depending on the specific circumstances.
کلیدواژهها [English]
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