الحق في سلامة الجسم بين القدسية و الضرورة الطبية : دراسة مقارنة بين الفقه الإسلامي و التشريع الجزائري

الملخص EN

The right to the integrity of the body of the sacred rights of the person as soon as the existence of the right to life, liberty, equality, and this is called the rights inherent in the personality, are decided by the province of self-reliance and EXCRETA, without which no rights secure on his life, integrity, freedom and activity, the right to the integrity of the body enters in the peacekeeping operations of the soul, of the overall objectives of the Islamic Shariah, in the interest of Islamic Jurisprudence and Law on the protection of this right, the Algerian recruited many means to maintain, and dimensions of all that would harm him or threaten his safety.

However, this right is not to launch but received some limitations where do not keep the physical integrity of a human being; but there is a decision that allows the conditions of the Algerian Islamic jurisprudence and law affecting the integrity of the body the right to use, and it is these conditions that permitted the doctor prejudice to the patient's body with a view to treatment and recovery, but that the permissibility of remaining comparative advantage and not absolute, as it may entail of excesses.

Given the importance of the right to integrity of the body being associated with the right to life, which is one of the highest human rights recognized legally, since the human body may be vulnerable to various violations and attacks, and, in view of the stunning and rapid development in the field of medical science, medicine to new types of treatments and the surgeries were not widespread, such as cosmetics and cultivation of Member States and others, resulting in return an increase in prejudice to this right, as a corollary of Ziad Benna medical work with prejudice to the human body, it was necessary to know the status of this right and ways to protect the lawfulness of the medical work in the human body in all of the Algerian Islamic Jurisprudence and Law.

Therefore, through this study we will try to clarify what is meant the right to integrity of the body, and prestige, and the statement of the basis of the legalization of medical work, and then we address the safeguards contained on medical work to preserve the integrity of the body of the patients, all be compared between what came in Islamic jurisprudence, Algerian legislation.