أخطاء الأطباء بين الفقه و القانون محمد محمد سلامة الشلش.

الملخص EN

This paper discusses both the position of Islamic and man made laws with regard to physician‘s medical mistakes.

It sheds light on the responsibilities of doctors, and makes clear distinction between medical mistakes and the likely consequences of medication process.

It also discusses definition of medication, the meaning of a medical mistake, doctor‘s responsibilities, and the governing or controlling criteria of these terms in pre-Islamic period and under the Islamic rule are thoroughly highlighted Detailed investigations of doctor‘s responsibilities as determined by the current effective law in Palestine ≠ Jordanian law- and the Islamic law are extensively examined.

It becomes obvious through this study that Islamic law has managed to claim doctor responsibility and the scope of this responsibility before man made laws- artificial laws-.Moreover, the researcher has clarified that conditions stated in the man-made laws concerning doctor‘s responsibility are almost the same ones that determined in the Islamic laws.

This means that the Islamic laws are everlasting, comprehensive, and realistic in dealing with Man is issues any time and anywhere.

The researcher has concluded his study with some valuable recommendations which could form a base for useful implementation and a reference for further research in this field.