ANALYSIS OF EVIDENCE AND PRINCIPLES OF PHYSICIAN'S NON- RESPONSIBILITY IN THE ISLAMIC JURISPRUDENCE

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MONTAZERI SALEH; SADR TABATABAI SEYED MUHAMADALI

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Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:21 Page(s): 197-226

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Title

ANALYSIS OF EVIDENCE AND PRINCIPLES OF PHYSICIAN'S NON- RESPONSIBILITY IN THE ISLAMIC JURISPRUDENCE

Author(s)

MONTAZERI SALEH | SADR TABATABAI SEYED MUHAMADALI | Issue Writer Certificate

Keywords

PHYSICIAN

MEDICAL STAFF

LIABILITY BASIS

MEDICAL FAULT

ASSUMPTION OF FAULT

Abstract

The medical profession is a risky profession for it deals with life, health, and the human body. Needless to say that medical science has always been intertwined with probabilities and defects; it is like a double edged knife which can heal and also kill. The analysis of the existing juridical and legal relationship between the patient and the PHYSICIAN presents a serious challenge as a result of the effect of liability in the case of injury which might happen to a patient. Islamic jurists hold two ideas regarding the practice of a competent PHYSICIAN and a specialist whose operation had been authorized by the patient in accordance with medical and technical regulations but he injured the patient (without any fault). The majority of the Islamic jurists hold that the PHYSICIAN is responsible for the harm and s/he shall find a solution to satisfy the victim (for forgiveness). However, some have ruled out the responsibility of the PHYSICIAN. The Islamic Penal Code (1991) followed the first approach and provided that PHYSICIAN was fully responsible even if he was not negligent. However, in the Islamic Penal Code of 2013, the legislator followed the second approach and has adopted a moderate policy; according to the majority of legal systems, it has viewed the fault as the basis for the PHYSICIAN’s responsibility. Therefore, in the absence of the recklessness and negligence of the PHYSICIAN in science and practice, there is no responsibility. We, after reviewing the documentation of each of the two approaches and reflecting on their provisions, believe that the opinion of the majority of Islamic jurists does not hold the water.

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APA: Copy

MONTAZERI, SALEH, & SADR TABATABAI, SEYED MUHAMADALI. (2018). ANALYSIS OF EVIDENCE AND PRINCIPLES OF PHYSICIAN'S NON- RESPONSIBILITY IN THE ISLAMIC JURISPRUDENCE. CRIMINAL LAW RESEARCH, 6(21 ), 197-226. SID. https://sid.ir/paper/266568/en

Vancouver: Copy

MONTAZERI SALEH, SADR TABATABAI SEYED MUHAMADALI. ANALYSIS OF EVIDENCE AND PRINCIPLES OF PHYSICIAN'S NON- RESPONSIBILITY IN THE ISLAMIC JURISPRUDENCE. CRIMINAL LAW RESEARCH[Internet]. 2018;6(21 ):197-226. Available from: https://sid.ir/paper/266568/en

IEEE: Copy

SALEH MONTAZERI, and SEYED MUHAMADALI SADR TABATABAI, “ANALYSIS OF EVIDENCE AND PRINCIPLES OF PHYSICIAN'S NON- RESPONSIBILITY IN THE ISLAMIC JURISPRUDENCE,” CRIMINAL LAW RESEARCH, vol. 6, no. 21 , pp. 197–226, 2018, [Online]. Available: https://sid.ir/paper/266568/en

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