Jurisprudence of treatment (book): Difference between revisions
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* '''Abstract''' | * '''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 forbiddance of receiving bribe. | ||
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 effort (ijtihadi) method. It infers the issues related to treatment, especially the | 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 effort (ijtihadi) 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 Mukallaf (patients and doctors) in dealing with diseases. Repetitive Prose and Undocumented Citations is one of the criticisms directed at the Fiqh-i Darmān book. | ||
== Brief introduction == | == 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 at Markaz-i Fiqhī-yi A’immi-yi Aṭḥār (AS). | 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 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). | 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 treatment with forbidden items, 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 psychedelic pills is a new issue in the field of treatment with forbidden items that is dealt with in this book. This book also discusses several | 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 treatment with forbidden items, 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 psychedelic pills is a new issue in the field of treatment with forbidden items 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]]. | ||
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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 problem 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 obtaining wealth through unlawful ways 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 problem 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 obtaining wealth through unlawful ways as well as violation of the medical oath, he believes in the forbiddance of receiving bribe by doctors (p. 408). | ||
== Methodology == | == Methodology == | ||
By collecting information in a library research and analyzing data and information based on fundamental and Jurisprudential Precepts in an analytical effort (ijtihadi) method in Fiqh-i Darmān, Mohammad-Ali Qāsimī draws inferences about issues related to treatment, particularly the | By collecting information in a library research and analyzing data and information based on fundamental and Jurisprudential Precepts in an analytical effort (ijtihadi) 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 Mukallaf (patients and doctors) in dealing with diseases. In this book, he has cited verses of the Quran, hadiths, conduct of the Mutisharri‘ah (Muslim intellectuals), [[Conduct of intellectuals|conduct of intellectuals]], Jurisprudential Precepts, and the rhetorical and practical principles to prove his claims. In each chapter, the author has discussed ideas, opinions and fatwas of jurists to complete his claims. | ||
== Review and evaluation == | == Review and evaluation == | ||
Repetitive Prose is one of the criticisms directed at the book Fiqh-i Darmān. In this book, written in Persian language, when referring to verses or hadiths, both the Arabic text and the Persian translation are mentioned consecutively, which has increased the volume of the book. This problem is more observable when the text of verses or hadiths is long (p. 98). Excessive lexical discussions and searches for the roots of words are other examples of Repetitive Prose. For example, in examining the concept of patient’s consent, the author has dedicated several pages of the book to the study of the concept of consent and the ownership of human beings over themselves (pp. 107-123). The consecutive mention of the common fatwas of jurists is another example of Repetitive Prose in this book (pp. 371-372). The author has mentioned the text of several common fatwas in the appendices of the book and sometimes in the main text, while the brief mention of the sense of the fatwas could suffice. | Repetitive Prose is one of the criticisms directed at the book Fiqh-i Darmān. In this book, written in Persian language, when referring to verses or hadiths, both the Arabic text and the Persian translation are mentioned consecutively, which has increased the volume of the book. This problem is more observable when the text of verses or hadiths is long (p. 98). Excessive lexical discussions and searches for the roots of words are other examples of Repetitive Prose. For example, in examining the concept of patient’s consent, the author has dedicated several pages of the book to the study of the concept of consent and the ownership of human beings over themselves (pp. 107-123). The consecutive mention of the common fatwas of jurists is another example of Repetitive Prose in this book (pp. 371-372). The author has mentioned the text of several common fatwas in the appendices of the book and sometimes in the main text, while the brief mention of the sense of the fatwas could suffice. | ||