REVIEW THE IDEA OF THE RESPONSIBILITY OF PHYSICIAN, IN ISLAMIC JURISPRUDENCE (FIQH): A CHRONOLOGICAL STUDY

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KAZEMI MAHMOUD

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Journal: PRIVATE LAW STUDIES Year:2010 | Volume:40 | Issue:1 Page(s): 275-295

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Title

REVIEW THE IDEA OF THE RESPONSIBILITY OF PHYSICIAN, IN ISLAMIC JURISPRUDENCE (FIQH): A CHRONOLOGICAL STUDY

Author(s)

KAZEMI MAHMOUD | Issue Writer Certificate

Keywords

PHYSICIAN'S RESPONSIBILITYQ3

PATIENT'S CONSENTQ3

AKHZE BARAA'TQ2

FOUNDATION OF MEDICAL RESPON SIBILITYQ2

MAJORITY OF ISLAMIC JURISTSQ3

Abstract

The civil responsibility of physician can be studied, from two aspects, because the physician's obligation to patient has two aspects. On the one hand, he must try to treat patient, but he does not guarantee result. in Islamic jurisprudence and all of the Legal system, negligence is the foundation of the responsibility. On the other hand, the medicine has a duty to exercise reasonable care during The treatment of his patient; he must not cause a new harm to him. this aspect of medical responsibility is important and contestable, and when the expression of "medical responsibility" is used absolutely, the meaning of it is that. In Iranian law, it is concluded, from the articles 319 and 322 of the Islamic punishment code, that when the physician treats with consent of patient and injures him, he will be responsible, although he is not at fault, unless he take "Beraa't" before medical act. these Articles are taken from the Islamic jurisprudence (shia' fiqh). in this essay, the idea of the physician's responsibity in shia' jurisprulence, is studied, and try to be deteminated the Islamic jurisprudencial foundation of these Articles.

Cites

COMMITMENTS AND REQUIREMENTS OF COSMETIC AND RECONSTRUCTIVE SURGEONS IN MEDICAL LAW FIELD

References

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APA: Copy

KAZEMI, MAHMOUD. (2010). REVIEW THE IDEA OF THE RESPONSIBILITY OF PHYSICIAN, IN ISLAMIC JURISPRUDENCE (FIQH): A CHRONOLOGICAL STUDY. PRIVATE LAW STUDIES, 40(1), 275-295. SID. https://sid.ir/paper/124667/en

Vancouver: Copy

KAZEMI MAHMOUD. REVIEW THE IDEA OF THE RESPONSIBILITY OF PHYSICIAN, IN ISLAMIC JURISPRUDENCE (FIQH): A CHRONOLOGICAL STUDY. PRIVATE LAW STUDIES[Internet]. 2010;40(1):275-295. Available from: https://sid.ir/paper/124667/en

IEEE: Copy

MAHMOUD KAZEMI, “REVIEW THE IDEA OF THE RESPONSIBILITY OF PHYSICIAN, IN ISLAMIC JURISPRUDENCE (FIQH): A CHRONOLOGICAL STUDY,” PRIVATE LAW STUDIES, vol. 40, no. 1, pp. 275–295, 2010, [Online]. Available: https://sid.ir/paper/124667/en

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