فقه الطبيب و أدبه في المنظور الإسلامي

Abstract EN

This paper discusses Fiqh (Islamic Jurisprudence) as it relates to Islamic medical practitioners and ethics surrounding medicine.

It examines the various opinions among the Ulama’ (Islamic religious scholars) regarding differing methods of treatment and highlights some of Ulama’s most popular views depending upon the particular circumstances of a patient.

Undergoing treatment is discussed based upon available evidence and falls under the following categories of action: 1) compulsory; 2) recommended; 3) permissible or; 4) non-recommended.

The paper takes into consideration Fiqh regulations in addressing the views of the Ulama’ as they relate to the medical practice and the relationship between the doctor and patient, particularly regarding contemporary developments in medical technology and standards set for doctors.

This paper further elaborates upon the contractual and legal obligations of doctors.

It discusses the general rules related to a patient undergoing treatment from a doctor, with special reference to rulings related to patient conditions stipulating that the disease be cured with a specific treatment as advised by the doctor.

The paper also addresses patients’ concerns that the disease not spread to another part of the body.

From a legal standpoint, the paper looks at the various views of the Ulama’ related to the issue of contractual conditions, which release the doctor from any liability that might occur as a result of performing a certain kind of treatment on a patient.

The paper considers the aspect of compensation for obvious mistakes made by the doctor in treatment, including the liability of a doctor who performs treatment without adequate knowledge and/or qualifications.

The issue of inappropriately looking at and/or touching a patient of the opposite sex is mentioned as well as the views of scholars regarding treatment through the use of materials, impurities, or substances considered to be unlawful in Islam.

The paper recommends the permissibility of treatment using unlawful substances as medicine provided that there are no other alternatives since this is forbidden in the Hadith (Prophetic tradition).

The paper concludes with a discussion on the ethics of the medical practitioner and the moral aspects related to this profession.