https://www.jihsl.ir/ The Journal of Iranian Health System Law en daily 1 Sat, 21 Mar 2026 00:00:00 +0330 Sat, 21 Mar 2026 00:00:00 +0330 https://www.jihsl.ir/article_733435.html These challenges are of particular relevance for patients with chronic genetic diseases such as thalassemia and hemophilia, due to the hereditary, lifelong, and familial nature of the data associated with them. This study examines the legal and ethical challenges of genetic data privacy of these patients within the Iranian health care system.The findings indicate that, despite the general recognition of medical data confidentiality and human dignity in Iranian laws and upstream policy documents, the Iranian legal system lacks a clear and independent definition of “genetic data” as well as a protective framework proportionate to the specific characteristics of such data, including their predictive, immutable, and intergenerational nature. Ambiguity surrounding the scope of informed consent, the failure to distinguish therapeutic consent from data-oriented consent, the absence of explicit prohibitions on genetic discrimination in areas such as insurance and employment, and the weakness of binding data security standards and institutional liability mechanisms constitute the main legal challenges identified in this study. Furthermore, bioethical analysis reveals that traditional rules of medical confidentiality are insufficient to address emerging conflicts, such as the tension between public health interests and the individual’s right to genetic silence, the ethical responsibility to disclose genetic risks to relatives, and the research-based or quasi-commercial use of genetic data. Effective protection of the genetic data privacy of these patients requires targeted legislative reform, recognition of genetic data as ultra-sensitive data, the design of a multilayered consent regime, and the establishment of ethical data governance within the Iranian health care system. https://www.jihsl.ir/article_736552.html This article aims to explain the position and capacity of jurisprudence principles in extracting Sharia rulings related to emerging issues in the field of health and medicine, especially in the context of rapid technological developments and bioethical challenges. The research approach was a combination of analysis of jurisprudential texts, a comparative study of selected legal systems, and a field analysis of objective examples of health policymaking. The results show that rules such as non-harm, necessity, self-preservation, and beneficence, when reviewed with current scientific data, can provide a dynamic and efficient framework for complex medical decision-making. A comparative study with international legal systems also showed that although there is significant overlap in goals, differences in reasoning and prioritization processes prevent direct transfer of rulings and require localization of principles in an executive format. The findings emphasize the importance of creating a cycle between theory and practice in which jurisprudential ijtihad is formed in an interdisciplinary manner and with the continuous participation of jurists, physicians, lawyers, and policymakers, so that along with theoretical legitimacy, it also has the ability to be implemented and socially accepted. Also, public discourse on the philosophy and goals of medical jurisprudence rulings has been identified as a key factor in reducing resistance and strengthening community participation in health policies. Finally, it is suggested that three streams of redefining fundamental concepts in line with scientific developments, developing comparative studies to enrich and learn problem-solving methods, and institutionalizing the executive rulings proceed simultaneously https://www.jihsl.ir/article_736553.html The rapid expansion of emerging technologies and the rise of the metaverse as a new generation of digital interaction have brought about profound transformations in the healthcare sector. Services such as telemedicine, virtual reality–based therapies, and virtual clinics are increasingly being developed and delivered within this environment. While these innovations offer significant opportunities to improve the quality of care and enhance access to healthcare services, they simultaneously involve the large-scale generation, processing, and exchange of patients’ health data, giving rise to serious legal challenges. Health data, due to their personal, highly sensitive, and in some cases irreplaceable nature, enjoy the highest level of importance within legal systems, and any violation or misuse of such data may severely undermine human dignity and patients’ right to privacy. Nevertheless, the metaverse, owing to its technical complexity, cross-border nature, lack of transparency in data ownership, and the weaknesses of digital informed consent mechanisms, faces substantial legal gaps and ambiguities in the protection of health data. This study adopts an analytical–descriptive methodology combined with a comparative approach to examine the legal framework governing health data protection in the metaverse, drawing on international instruments and selected national legal systems. The findings indicate that existing legal frameworks are insufficient to address the complexities of the metaverse, highlighting the inevitable need for the development of specific and up-to-date regulations to effectively safeguard patients’ privacy in this emerging digital space. https://www.jihsl.ir/article_736554.html The vegetative state, as a nascent instance of complete loss of consciousness and volition, has disrupted the boundaries of classical legal concepts. An individual afflicted with this condition, owing to the absolute absence of cognitive faculties, is entirely incapable of exercising their rights, confronting the legal system with the fundamental question of which mechanism governs their guardianship and the administration of their affairs. In Iranian law, the lack of a specific statutory provision and the exhaustive enumeration of the grounds for legal incapacity under Article 1207 of the Civil Code have rendered the application of traditional guardianship institutions to this condition fraught with both theoretical and practical challenges. Adopting a descriptive-analytical method and drawing upon library resources and judicial precedent, this article assesses the capacities of existing institutions. The research findings demonstrate that the conventional jurisprudential-legal notion of "insanity" does not correspond to the vegetative state; nevertheless, by invoking Articles 104 and 105 of the Non-Contentious Proceedings Act, the broad concept of "inability to administer property," and the jurisprudential maxim "the ruler is the guardian of the incapable" (al-ḥākim walī al-mumtaniʿ), recourse may be had to the institution of appointing a judicial trustee (amīn). Within this framework, the competent court, upon the application of interested parties or the public prosecutor in the capacity of guardian of the public interest, proceeds to appoint a trustee with a defined scope of authority. A comparative study of the legal systems of England, France, and Germany further indicates a trajectory toward flexible judicial protections.