PHYSICIANS RESPONSIBILITY: EXAMINING THE ISLAMIC PENAL CODE (NO. 495), BASED ON CHANGING TRAJECTORY IMAMIA JURISPRUDENCE

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HOSSEINI SEYYED ABDOLRAHIM; SADEGHPOUR MOHAMAD J.; AGHAZADEH NAGHI

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Journal: Iranian Journal of Medical Ethics and History of Medicine Year:2017 | Volume:9 | Issue:5 Page(s): 25-38

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Title

PHYSICIANS RESPONSIBILITY: EXAMINING THE ISLAMIC PENAL CODE (NO. 495), BASED ON CHANGING TRAJECTORY IMAMIA JURISPRUDENCE

Author(s)

HOSSEINI SEYYED ABDOLRAHIM | SADEGHPOUR MOHAMAD J. | AGHAZADEH NAGHI | Issue Writer Certificate

Keywords

PHYSICIAN’S RESPONSIBILITYQ2

ISLAMIC JURISPRUDENCEQ2

IMAMIA FIQHQ2

Abstract

Since the beginning of the Imamia school of thought, Imamia scholars paid a great attention to issue of physicians’ responsibility. With a long-lasting debate on this issue, in most cases they have confirmed PHYSICIAN’S RESPONSIBILITY in medical error. However, in terms of a skilled medical doctor who treats the patient with no medical error but harm occurs, there is no consensus. Some scholars have said that if the physician had the patient’s (or family) consent for the treatment, then the physician is notguilty. In the contrary, some scholars believe that the physician still should bear the responsibility.This paper aims to examine the Islamic Pinal Code (no.495) by relying on changing trajectory Imamia jurisprudence in exchange for claimed physicians’ responsibility. The legislators in Article 495 of the Islamic Penal Code (Act.92), seems to take into account both mentioned perspectives and try to choose a middle way. However, in practice, this has caused confusion.

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APA: Copy

HOSSEINI, SEYYED ABDOLRAHIM, SADEGHPOUR, MOHAMAD J., & AGHAZADEH, NAGHI. (2017). PHYSICIANS RESPONSIBILITY: EXAMINING THE ISLAMIC PENAL CODE (NO. 495), BASED ON CHANGING TRAJECTORY IMAMIA JURISPRUDENCE. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, 9(5), 25-38. SID. https://sid.ir/paper/135510/en

Vancouver: Copy

HOSSEINI SEYYED ABDOLRAHIM, SADEGHPOUR MOHAMAD J., AGHAZADEH NAGHI. PHYSICIANS RESPONSIBILITY: EXAMINING THE ISLAMIC PENAL CODE (NO. 495), BASED ON CHANGING TRAJECTORY IMAMIA JURISPRUDENCE. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE[Internet]. 2017;9(5):25-38. Available from: https://sid.ir/paper/135510/en

IEEE: Copy

SEYYED ABDOLRAHIM HOSSEINI, MOHAMAD J. SADEGHPOUR, and NAGHI AGHAZADEH, “PHYSICIANS RESPONSIBILITY: EXAMINING THE ISLAMIC PENAL CODE (NO. 495), BASED ON CHANGING TRAJECTORY IMAMIA JURISPRUDENCE,” JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, vol. 9, no. 5, pp. 25–38, 2017, [Online]. Available: https://sid.ir/paper/135510/en

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