المسئولية الجنائية للمعالج بالطب الشعبي

Abstract EN

Traditional medicine is a form of medicine.

it has been practiced for a long time and the whole human body is seen as integrated with spiritual, social, mental and physical dimensions.in light of the absence of legislation from the organization of the profession of folk medicine, the position of jurisprudence on the legitimacy of the work of the healer has changed in popular medicine, and this difference is based on different scholars on the basis of permitting medical work.

according to the general rules of criminal liability, the practice of the doctor is the practice of the medical profession without a license.

if the therapist comes to any of the acts related to the medical work, such as medical advice, surgery, birth, prescription of medication or treatment of the patient, the first is a deliberate crime of practicing the medical profession without a license.

it also asks about all the wounds and damage inflicted on the patient's body.

therefore, the essence of the responsibility of the doctor is the nature of the work itself.

it must be a work related to treatment or surgery.

criminal code of the physician the second is responsible for intentional crimes, the second is responsible for unintentional error, and the physical picture of this crime is numerous.

it may take the form of examination, diagnosis or treatment, whether by prescription or surgical intervention, or by providing medical advice, or any of the other acts that represent a violation of the body of the patient, and this is what is settled by Islamic jurisprudence, where it prohibits the practice of medicine from the doctor of folk medicine, as long as not authorized by the people of specialization in the processing of the medical profession, fulfilling the requirements of know-how and knowledge and foresight medical science and surgery.

however, that responsibility receded in case of necessity and the situation required by the public interest.