Jurisprudence of treatment (book)

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* '''Abstract'''

Jurisprudence of Treatment (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D8%AF%D8%B1%D9%85%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه درمان]) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], authored by [[Muhammad-Ali Qāsimī]], that discusses the Jurisprudential Precepts of medical examination and treatment in four chapters and several statements. This book discusses topics such as the The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram and touch it, cases where it is necessary to obtain the permission of the patient or their guardian for examination and treatment, the role of medical examinations in proving crimes, whether the doctor is or is not to be held responsible if the patient has not signed an Informed Consent, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and the ~~forbiddance of receiving bribe~~.

Jurisprudence of Treatment (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D8%AF%D8%B1%D9%85%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه درمان]) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], authored by [[Muhammad-Ali Qāsimī]], that discusses the Jurisprudential Precepts of medical examination and treatment in four chapters and several statements. This book discusses topics such as the The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram and touch it, cases where it is necessary to obtain the permission of the patient or their guardian for examination and treatment, the role of medical examinations in proving crimes, whether the doctor is or is not to be held responsible if the patient has not signed an Informed Consent, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and the (Quran 4:29).

Fiqh-i Darmān (Jurisprudence of Treatment) has collected information in a library research method and analyzed data and information based on Islamic fundamental and Jurisprudential Precepts with an Analytical-Ijtihadic Approach method. It infers the issues related to treatment, especially the Emergent Jurisprudential Issues in the field of medical jurisprudence, in order to clarify the Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. Redundancy and Undocumented Citations is one of the criticisms directed at the Fiqh-i Darmān book.

== Brief introduction ==

Fiqh-i Darmān (Jurisprudence of Treatment) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], which discusses topics such as the jurisprudential rule of examination, heterogeneity of the doctor and patient’s genders in examinations and treatments, the role of the patient's or his guardian's consent in examination and treatment, the role of examinations in proving crimes, jurisprudential-legal examination of treatment, treatment of patients with Proscribed Substances and impermissible actions, energy therapy, the use of harmful drugs, and the rules for Medical Personnel and Medical Honoraria .<ref>Qāsimī, Fiqh-i Darmān, table of contents</ref> The book Fiqh-i Darmān has been authored by Muhammad-Ali Qāsimī, director of the Department of Medical Jurisprudence of medical jurisprudence at Markaz-i Fiqhī-yi A’immi-yi Aṭḥār (AS).

The importance of issues of medical jurisprudence, which faces new issues and questions day by day with rapid developments and new technologies, requires the compilation of books in this field. According to the author, Fiqh-i Darmān has been compiled in response to this need and deals with the issues of jurisprudence of treatment from a jurisprudential point of view in order to determine the duty of doctors, patients and their companions (p. 29). The book Fiqh-i Darmān is one of the first books in the field of medical jurisprudence that has explained, in a comprehensive plan, the Declaratory and Prescriptive Rulings of the jurisprudence of treatment (p. 34).

Fiqh-i Darmān has collected the issues raised in the field of medical jurisprudence, such as the doctor looking at the body of a patient of the opposite sex and touching it, Medical Honoraria and ~~Therapeutics involving Proscribed Substances~~, which have long been discussed among jurists, and presents the reasons for each of these issues and, in some cases, adds new instances to them. For example, the use of Psychotropic Substances is a new issue in the field of Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential Issues, such as [[~~The role of medical examinations in proving crimes|~~the role of medical examinations in proving crimes]] and [[~~Energy therapy|~~energy therapy]].

Fiqh-i Darmān has collected the issues raised in the field of medical jurisprudence, such as the doctor looking at the body of a patient of the opposite sex and touching it, Medical Honoraria and (Quran 5:3), which have long been discussed among jurists, and presents the reasons for each of these issues and, in some cases, adds new instances to them. For example, the use of Psychotropic Substances is a new issue in the field of Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential Issues, such as [[the role of medical examinations in proving crimes]] and [[energy therapy]].

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In the second chapter, Muhammad-Ali Qāsimī discusses the jurisprudential ruling on medical examinations in the treatment process within four statements. In the first statement, competence of the The Attending Physician, the incompetent doctor and examination by students have been investigated. In the second statement, issues such as the doctor’s looking at the body of a patient of the opposite sex, looking at the private parts of other people and touching the body of a non-mahram person by the doctor have been discussed under the title of heterogeneity of the sexes of the doctor and the patient in examination and treatment. The third statement of this chapter deals with the role of the patient’s or his guardian’s permission in the examination and treatment process. and the fourth statement explains the position of medical examinations in proving crimes. This chapter ends with an appendix containing the fatwas of jurists about the doctor, the treatment team and the patient being of the same or different gender.

=== Jurisprudential-legal examination of treatment ===

In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ Civil Liability, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, ~~Therapeutics involving Proscribed Substances~~ and committing impermissible actions have been investigated; Abrogation of Prohibition because of (Quran 2:173), treatment with Inebriants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.

In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ Civil Liability, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, (Quran 5:3) and committing impermissible actions have been investigated; Abrogation of Prohibition because of (Quran 2:173), treatment with Inebriants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.

=== Doctors’ and Medical Personnel’s fees ===

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== Claims ==

=== Professional Qualification of the medical examiner, the ruling on medical examination and treatment by students of medicine ===

Citing a hadith from the Prophet (PBUH) and the Rule of Liability (Qāʿidat al-Ḍamān), the author holds the incompetent doctor responsible for the consequences in the examination and treatment process. According to him, because of the principle of the impermissibility of ~~Unauthorized Disposition~~ (~~Taṣarruf~~) ~~over others’ life~~ and property without their permission, examination and [[Treatment by medical students|treatment by medical students]] is permissible only in cases where the preservation of human beings’ life depends on the education and learning of the students, and it is not permissible otherwise (pp. 62-64).

Citing a hadith from the Prophet (PBUH) and the Rule of Liability (Qāʿidat al-Ḍamān), the author holds the incompetent doctor responsible for the consequences in the examination and treatment process. According to him, because of the principle of the impermissibility of (Quran 4:29) and property without their permission, examination and [[Treatment by medical students|treatment by medical students]] is permissible only in cases where the preservation of human beings’ life depends on the education and learning of the students, and it is not permissible otherwise (pp. 62-64).

=== The permission for a doctor to look at the body of a patient of the opposite sex and touch it in cases of emergency ===

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By raising the question as to whether the competent doctor shall be held responsible or not in case of a harm to the patient or his death, the author of Fiqh-i Darmān, by mentioning the ideas of two groups of jurists, believes that if the competent doctor uses all his efforts and attempts at treating and curing the patient in Professional Diligence , if he does not obtain the patient’s informed consent about possible harms caused to the patient before the start of the treatment, he shall be responsible about the harms, and only in case of obtaining the informed consent, he will have no responsibility and liability (pp. 218-225).

=== Permission of Therapeutics involving Proscribed Substances ===

According to Qāsimī, ~~Therapeutics involving Proscribed Substances~~ such as Inebriants, narcotics and psychotropic drugs as well as with impermissible actions is forbidden in absolute terms, except when treatment is exclusive to the use of forbidden items (p. 256). Citing the priority of the rule of necessity over the primary rules on prohibition of using forbidden items, as well as the (Quran 22:78), the hadith of the removal and other hadiths, he believes that in case of necessity, no prohibition has been set by the Lawmaker on the use of forbidden items, and eating, drinking and the other actions that are forbidden under normal conditions, shall be halal and permissible in cases of necessity (pp. 247-256).

According to Qāsimī, (Quran 5:3) such as Inebriants, narcotics and psychotropic drugs as well as with impermissible actions is forbidden in absolute terms, except when treatment is exclusive to the use of forbidden items (p. 256). Citing the priority of the rule of necessity over the primary rules on prohibition of using forbidden items, as well as the (Quran 22:78), the hadith of the removal and other hadiths, he believes that in case of necessity, no prohibition has been set by the Lawmaker on the use of forbidden items, and eating, drinking and the other actions that are forbidden under normal conditions, shall be halal and permissible in cases of necessity (pp. 247-256).

=== Permissibility of receiving fees for practicing medicine and forbiddance of receiving bribe ===

Qāsimī questions the arguments of those who believe in the prohibition of receiving money in return for doing obligatory works, including the practice of medicine, and believes that there is no critique in receiving wages for medicine in all cases of objective, sufficient, recommended, and permissible obligation (pp. 379-404). According to him, it is permissible to receive Medical Honoraria even before beginning the treatment process (p. 405). Citing the forbiddance of (Quran 2:188) as well as violation of the medical oath, he believes in the ~~forbiddance of receiving bribe~~ by doctors (p. 408).

Qāsimī questions the arguments of those who believe in the prohibition of receiving money in return for doing obligatory works, including the practice of medicine, and believes that there is no critique in receiving wages for medicine in all cases of objective, sufficient, recommended, and permissible obligation (pp. 379-404). According to him, it is permissible to receive Medical Honoraria even before beginning the treatment process (p. 405). Citing the forbiddance of (Quran 2:188) as well as violation of the medical oath, he believes in the (Quran 4:29) by doctors (p. 408).

== Methodology ==

By collecting information in a library research and analyzing data and information based on fundamental and Jurisprudential Precepts in an Analytical-Ijtihadic Approach method in Fiqh-i Darmān, Mohammad-Ali Qāsimī draws inferences about issues related to treatment, particularly the Emergent Jurisprudential Issues in the field of medical jurisprudence, to explain Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. In this book, he has cited verses of the Quran, hadiths, The Practice of the Religious Community (Sīrat al-Mutasharriʿah) (Muslim Rational), [[Conduct of intellectuals|The Conduct of the Rational (Sīrat al-ʿUqalāʾ)]], Jurisprudential Precepts, and the Linguistic and practical principles to prove his claims. In each chapter, the author has discussed ideas, opinions and fatwas of jurists to complete his claims.

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 * '''Abstract'''
-Jurisprudence of Treatment (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D8%AF%D8%B1%D9%85%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه درمان]) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], authored by [[Muhammad-Ali Qāsimī]], that discusses the Jurisprudential Precepts of medical examination and treatment in four chapters and several statements. This book discusses topics such as the The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram and touch it, cases where it is necessary to obtain the permission of the patient or their guardian for examination and treatment, the role of medical examinations in proving crimes, whether the doctor is or is not to be held responsible if the patient has not signed an Informed Consent, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and the forbiddance of receiving bribe.
+Jurisprudence of Treatment (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D8%AF%D8%B1%D9%85%D8%A7%D9%86_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه درمان]) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], authored by [[Muhammad-Ali Qāsimī]], that discusses the Jurisprudential Precepts of medical examination and treatment in four chapters and several statements. This book discusses topics such as the The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram and touch it, cases where it is necessary to obtain the permission of the patient or their guardian for examination and treatment, the role of medical examinations in proving crimes, whether the doctor is or is not to be held responsible if the patient has not signed an Informed Consent, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and the (Quran 4:29).
 Fiqh-i Darmān (Jurisprudence of Treatment) has collected information in a library research method and analyzed data and information based on Islamic fundamental and Jurisprudential Precepts with an Analytical-Ijtihadic Approach method. It infers the issues related to treatment, especially the Emergent Jurisprudential Issues in the field of medical jurisprudence, in order to clarify the Legal Obligations of the Accountable (Mukallaf)  (patients and doctors) in dealing with diseases. Redundancy and Undocumented Citations is one of the criticisms directed at the Fiqh-i Darmān book.
 == Brief introduction  ==
 Fiqh-i Darmān (Jurisprudence of Treatment) is a book in the field of [[Medical jurisprudence|medical jurisprudence]], which discusses topics such as the jurisprudential rule of examination, heterogeneity of the doctor and patient’s genders in examinations and treatments, the role of the patient's or his guardian's consent in examination and treatment, the role of examinations in proving crimes, jurisprudential-legal examination of treatment, treatment of patients with Proscribed Substances and impermissible actions, energy therapy, the use of harmful drugs, and the rules for Medical Personnel and Medical Honoraria .<ref>Qāsimī, Fiqh-i Darmān, table of contents</ref> The book Fiqh-i Darmān has been authored by Muhammad-Ali Qāsimī, director of the Department of Medical Jurisprudence of medical jurisprudence at Markaz-i Fiqhī-yi A’immi-yi Aṭḥār (AS).
 The importance of issues of medical jurisprudence, which faces new issues and questions day by day with rapid developments and new technologies, requires the compilation of books in this field. According to the author, Fiqh-i Darmān has been compiled in response to this need and deals with the issues of jurisprudence of treatment from a jurisprudential point of view in order to determine the duty of doctors, patients and their companions (p. 29). The book Fiqh-i Darmān is one of the first books in the field of medical jurisprudence that has explained, in a comprehensive plan, the Declaratory and Prescriptive Rulings of the jurisprudence of treatment (p. 34).
-Fiqh-i Darmān has collected the issues raised in the field of medical jurisprudence, such as the doctor looking at the body of a patient of the opposite sex and touching it, Medical Honoraria and Therapeutics involving Proscribed Substances, which have long been discussed among jurists, and presents the reasons for each of these issues and, in some cases, adds new instances to them. For example, the use of Psychotropic Substances is a new issue in the field of Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential Issues, such as [[The role of medical examinations in proving crimes|the role of medical examinations in proving crimes]] and [[Energy therapy|energy therapy]].
+Fiqh-i Darmān has collected the issues raised in the field of medical jurisprudence, such as the doctor looking at the body of a patient of the opposite sex and touching it, Medical Honoraria and (Quran 5:3), which have long been discussed among jurists, and presents the reasons for each of these issues and, in some cases, adds new instances to them. For example, the use of Psychotropic Substances is a new issue in the field of Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential Issues, such as [[the role of medical examinations in proving crimes]] and [[energy therapy]].
@@ Line 74: / Line 77: @@
 In the second chapter, Muhammad-Ali Qāsimī discusses the jurisprudential ruling on medical examinations in the treatment process within four statements. In the first statement, competence of the The Attending Physician, the incompetent doctor and examination by students have been investigated. In the second statement, issues such as the doctor’s looking at the body of a patient of the opposite sex, looking at the private parts of other people and touching the body of a non-mahram person by the doctor have been discussed under the title of heterogeneity of the sexes of the doctor and the patient in examination and treatment. The third statement of this chapter deals with the role of the patient’s or his guardian’s permission in the examination and treatment process. and the fourth statement explains the position of medical examinations in proving crimes. This chapter ends with an appendix containing the fatwas of jurists about the doctor, the treatment team and the patient being of the same or different gender.
 ===  Jurisprudential-legal examination of treatment ===
-In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ Civil Liability, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, Therapeutics involving Proscribed Substances and committing impermissible actions have been investigated; Abrogation of Prohibition because of (Quran 2:173), treatment with Inebriants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.
+In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ Civil Liability, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, (Quran 5:3) and committing impermissible actions have been investigated; Abrogation of Prohibition because of (Quran 2:173), treatment with Inebriants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.
 === Doctors’ and Medical Personnel’s fees ===
@@ Line 80: / Line 83: @@
 == Claims ==
 === Professional Qualification of the medical examiner, the ruling on medical examination and treatment by students of medicine ===
-Citing a hadith from the Prophet (PBUH) and the Rule of Liability (Qāʿidat al-Ḍamān), the author holds the incompetent doctor responsible for the consequences in the examination and treatment process. According to him, because of the principle of the impermissibility of Unauthorized Disposition (Taṣarruf) over others’ life and property without their permission, examination and [[Treatment by medical students|treatment by medical students]] is permissible only in cases where the preservation of human beings’ life depends on the education and learning of the students, and it is not permissible otherwise (pp. 62-64).
+Citing a hadith from the Prophet (PBUH) and the Rule of Liability (Qāʿidat al-Ḍamān), the author holds the incompetent doctor responsible for the consequences in the examination and treatment process. According to him, because of the principle of the impermissibility of (Quran 4:29) and property without their permission, examination and [[Treatment by medical students|treatment by medical students]] is permissible only in cases where the preservation of human beings’ life depends on the education and learning of the students, and it is not permissible otherwise (pp. 62-64).
 === The permission for a doctor to look at the body of a patient of the opposite sex and touch it in cases of emergency ===
@@ Line 93: / Line 96: @@
 By raising the question as to whether the competent doctor shall be held responsible or not in case of a harm to the patient or his death, the author of Fiqh-i Darmān, by mentioning the ideas of two groups of jurists, believes that if the competent doctor uses all his efforts and attempts at treating and curing the patient in Professional Diligence , if he does not obtain the patient’s informed consent about possible harms caused to the patient before the start of the treatment, he shall be responsible about the harms, and only in case of obtaining the informed consent, he will have no responsibility and liability (pp. 218-225).
 === Permission of Therapeutics involving Proscribed Substances  ===
-According to Qāsimī, Therapeutics involving Proscribed Substances such as Inebriants, narcotics and psychotropic drugs as well as with impermissible actions is forbidden in absolute terms, except when treatment is exclusive to the use of forbidden items (p. 256). Citing the priority of the rule of necessity over the primary rules on prohibition of using forbidden items, as well as the (Quran 22:78), the hadith of the removal and other hadiths, he believes that in case of necessity, no prohibition has been set by the Lawmaker on the use of forbidden items, and eating, drinking and the other actions that are forbidden under normal conditions, shall be halal and permissible in cases of necessity (pp. 247-256).
+According to Qāsimī, (Quran 5:3) such as Inebriants, narcotics and psychotropic drugs as well as with impermissible actions is forbidden in absolute terms, except when treatment is exclusive to the use of forbidden items (p. 256). Citing the priority of the rule of necessity over the primary rules on prohibition of using forbidden items, as well as the (Quran 22:78), the hadith of the removal and other hadiths, he believes that in case of necessity, no prohibition has been set by the Lawmaker on the use of forbidden items, and eating, drinking and the other actions that are forbidden under normal conditions, shall be halal and permissible in cases of necessity (pp. 247-256).
 === Permissibility of receiving fees for practicing medicine and forbiddance of receiving bribe ===
-Qāsimī questions the arguments of those who believe in the prohibition of receiving money in return for doing obligatory works, including the practice of medicine, and believes that there is no critique in receiving wages for medicine in all cases of objective, sufficient, recommended, and permissible obligation (pp. 379-404). According to him, it is permissible to receive Medical Honoraria even before beginning the treatment process (p. 405). Citing the forbiddance of (Quran 2:188) as well as violation of the medical oath, he believes in the forbiddance of receiving bribe by doctors (p. 408).
+Qāsimī questions the arguments of those who believe in the prohibition of receiving money in return for doing obligatory works, including the practice of medicine, and believes that there is no critique in receiving wages for medicine in all cases of objective, sufficient, recommended, and permissible obligation (pp. 379-404). According to him, it is permissible to receive Medical Honoraria even before beginning the treatment process (p. 405). Citing the forbiddance of (Quran 2:188) as well as violation of the medical oath, he believes in the (Quran 4:29) by doctors (p. 408).
 == Methodology ==
 By collecting information in a library research and analyzing data and information based on fundamental and Jurisprudential Precepts in an Analytical-Ijtihadic Approach method in Fiqh-i Darmān, Mohammad-Ali Qāsimī draws inferences about issues related to treatment, particularly the Emergent Jurisprudential Issues in the field of medical jurisprudence, to explain Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. In this book, he has cited verses of the Quran, hadiths, The Practice of the Religious Community (Sīrat al-Mutasharriʿah) (Muslim Rational), [[Conduct of intellectuals|The Conduct of the Rational (Sīrat al-ʿUqalāʾ)]], Jurisprudential Precepts, and the Linguistic and practical principles to prove his claims. In each chapter, the author has discussed ideas, opinions and fatwas of jurists to complete his claims.

Jurisprudence of treatment (book): Difference between revisions