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Information Journal Paper

Title

Evaluation of the Physician’s liability from the Perspective of Islamic Penal Code, Verses and Narrations

Pages

  452-461

Abstract

 Objective: Due to the nature of their working conditions, doctors are frequently exposed to making errors. It is necessary to establish laws regarding the guarantee of doctors in case of medical errors. The aim of this study was to examine the articles of the Islamic Penal Code approved in 2013, as well as the verses of the Holy Quran and the traditions of the Holy Prophet (PBUH) and the Imams of Athar (PBUH) related to the Physician’s liability.Methods and Materials: The current research is organized using a narrative review method. After evaluating texts related to the study subject, we prepared the present study.Results: The results show that many verses of the Qur’an focus on doctor’s responsibility (emphasize the importance of life, accountability, and the harmony between action and responsibility) and physician’s non-liability (non-responsibility, emergency, and benevolence). Themes such as the liability and non-liability of the physician (innocence, emergency, and benevolence) have also been expressed in Islamic traditions. The 2013 Islamic Penal Code includes provisions that address the Physician’s liability, as well as the physician’s non-liability (which includes non-responsibility, urgency, and benevolence).Conclusion: Overall, the findings of the present study demonstrate that the provisions of the Islamic Penal Code regarding the Physician’s liability align perfectly with Islamic laws.

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