Analyzing the criminal liability of doctors and paramedics with emphasis on the Quranic rule of benevolence

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Ahmadpour Ali Abadi Maryam; Sheidaei Gourchin Ghale Mahdi; Ghiasy Reza

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Journal Paper

Paper Information

Journal: Quran and Medicine Year:2023 | Volume:8 | Issue:1 Page(s): 119-131

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Information Journal Paper

Title

Analyzing the criminal liability of doctors and paramedics with emphasis on the Quranic rule of benevolence

Author(s)

Ahmadpour Ali Abadi Maryam | Sheidaei Gourchin Ghale Mahdi | Ghiasy Reza | Issue Writer Certificate

Keywords

Ehsan

Criminal Liability

doctors and paramedics

Abstract

Purpose: The purpose of this research is to investigate and analyze the Criminal Liability of doctors and paramedics with an emphasis on the Quranic rule of benevolence and legal evidence.Materials and Methods: This research was conducted with the method of library studies and in a descriptive-analytical way, which was obtained and analyzed by referring to the Holy Quran and legal evidence.Findings: The main problem of the research is that "Do doctors and paramedics have criminal responsibility for the actions and behaviors they perform towards patients or not?" The findings of the research show that verses from the Holy Quran indicate the removal of Criminal Liability from doctors and paramedics. Among them is the honorable verse "Ma ala al-muhsinin min sabeil wa Allah is forgiving and merciful" (Tawbah: 91). Every common sense says that one should not hurt a benefactor, and it is certain that a benefactor is also blessed, that is, he finds justice on the neck of another. Therefore, we should show kindness to him in return for kindness. If we punish him, this is a disservice to Mohsen. In this case, the ruling of reason is one of the cases in which it cannot be violated, because "Is there punishment for charity except for charity" (Al-Rahman: 60) is one of the rulings of "Aqla bma hamm aqla" and it is part of Mahmoudah's opinions and it is one of the cases where the rule is " All of us are ruled by reason, ruled by law, and it is one of the places where we understand the criteria. In Iranian law, if a doctor or paramedic does not violate the laws and regulations and specialized systems of medicine or paramedics, and in addition to that, he is not criminally responsible - as well as civilly -.Conclusion: By examining the verses of the Holy Quran, intellectual and legal evidence, we come to the conclusion that if doctors and paramedics do not fail to comply with their specialized systems and laws and regulations and acquit the patient, they are examples of "benefactors" and cannot be He punished them for their medical and paramedical actions and behaviors.

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