تجديد أصول الفقه : تاريخه و معالمه

Abstract EN

This paper discusses fiqh (Islamic Jurisprudence) issues related to Islamic medical practitioners and ethics surrounding Fiqh and medicine.

It examines the various opinions among the 'ulama’ (Islamic religious scholars) regarding differing methods of treatment and highlights the strongest views based on the particular situation of the patient.

Undergoing treatment might fall under the following categories of action: compulsory, recommended, permissible or non-recommended action.

This issue is discussed based on available evidence and proof.

The paper also addresses fiqh issues and the views of 'ulama related to medical practices and the relationship between the medical doctor and patient, particularly regarding the area of medical experience in light of contemporary developments in medical technology, along with the necessary attributes and standards of a doctor.

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

It discusses the general regulations related to a patient engaging a doctor for treatment, with special reference to rulings related to patient conditions stipulating that his/her disease should be cured with a specific treatment as advised by the doctor.

The condition of the patient that the disease not spread to another part of the body is also addressed.

From a legal standpoint, the paper looks at the various views of the fuqaha' (Islamic legal scholars) as relates 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 the patient.

The paper considers the aspect of compensation as it relates to obvious mistakes made by the doctor in treatment, including liability incurred by an doctor who performs treatment without adequate knowledge and/or qualifications.

The issue of inappropriately looking at and touching a patient of the opposite sex is mentioned in addition to the views of the fuqaha' regarding treatment through use of unlawful materials, impurities, or substances in Islam.

The paper recommends the permissibility of treatment using unlawful substances as medicine provided that there are no other alternatives except for such usage as this is forbidden in the Hadith (sayings of the Prophet Muhammad - PBUH).

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