The impact of the doctor's purpose in determining the degree of liability for the result of his action
Other Title(s)
أثر مقاصد الطبيب في تحديد درجات المسؤولية عن نتائج أفعاله
Joint Authors
Assaf, Muhammad Mutlaq Muhammad
Mustafa, Muhammad Salim
Source
International Journal of Fiqh and Usul Al-fiqh Studies
Issue
Vol. 4, Issue 2 (31 Jul. 2020), pp.73-81, 9 p.
Publisher
Publication Date
2020-07-31
Country of Publication
Malaysia
No. of Pages
9
Main Subjects
Abstract EN
This study examines the relationship between the medical liability and the intents (maqāṣid) of Sharīʿah.
It shows how the degree of liability varies according to the presence of the elements of the general intent.
Liability increases when all elements of the intent are present and reduces upon the absence of some of them.
It may also be removed altogether in the case of a special legal intent as in a medical surgery, allowed by the Lawgiver, taking into account the intent of preserving a life.
The study also explains the conditions for the legitimacy of medical action.
It concludes that the doctor is not liable for the results of his action as long as he is committed to the conditions of legality, and does his work properly, but he, however is held accountable for the result of his act, if he is negligent, or he pretended to be a doctor or committed a grave error, or if he has an illegal intent different from the patient’s treatment.
American Psychological Association (APA)
Assaf, Muhammad Mutlaq Muhammad& Mustafa, Muhammad Salim. 2020. The impact of the doctor's purpose in determining the degree of liability for the result of his action. International Journal of Fiqh and Usul Al-fiqh Studies،Vol. 4, no. 2, pp.73-81.
https://search.emarefa.net/detail/BIM-1275815
Modern Language Association (MLA)
Assaf, Muhammad Mutlaq Muhammad& Mustafa, Muhammad Salim. The impact of the doctor's purpose in determining the degree of liability for the result of his action. International Journal of Fiqh and Usul Al-fiqh Studies Vol. 4, no. 2 (Jul. 2020), pp.73-81.
https://search.emarefa.net/detail/BIM-1275815
American Medical Association (AMA)
Assaf, Muhammad Mutlaq Muhammad& Mustafa, Muhammad Salim. The impact of the doctor's purpose in determining the degree of liability for the result of his action. International Journal of Fiqh and Usul Al-fiqh Studies. 2020. Vol. 4, no. 2, pp.73-81.
https://search.emarefa.net/detail/BIM-1275815
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 81
Record ID
BIM-1275815