الضرر الطبي وأثره في الأحكام

Abstract EN

This research is concerned with explaining the medical harm and its impact on rulings, where the sections of medical harm and its impact on rulings are discussed, the relationship of medical harm to jurisprudence principles, then mentioning examples of the applications of jurists to justify rulings with medical harm.

The study concluded: that medical harm is a legally effective description that is entrusted with the prohibition by Shari’a, if it is certain or most likely, according to what the Mukallaf (religiously responsible) thinks, then the prohibition is prohibited, and if it is a probability, then the prohibition is makrooh (disliked).

Realizing the degree of harm, both in terms of strength and weakness, is what the Mukallaf strives to know based on medical experts or his experience if he is able.

The Shari’a forbids harming the body, and the slave is legally entrusted with his body, exposing the body to something that is harmful and forbidden by Shari’a and is considered a sin, and in revealing and highlighting it, it is linked with the daily lives of Muslims to Allah’s law, which Allah the Almighty made a light and guidance in that situation and in the future, it prevents the assumption that such issues have nothing to do with Shari’a.

Among the applications of the jurists - may Allah have mercy on them - to justify the rulings on medical harm: is the prohibition of using very hot or cold water for purification if he fears harm, it is disliked for one to spend more time in the toilet than he needs, and the prohibition of taking deadly poison, but if it is imposed that it does not harm a specific person, it is not forbidden for him.