Jurisprudence of treatment (book): Difference between revisions
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According to Qāsimī, medical examinations and tests cannot be used as evidence to prove crimes and the only effect of these examinations and tests in the criminology process will be to increase the judge’s knowledge, and they will not be useful without attachment to other evidence and indications (p. 175). According to him, the opinion of a legal medicine practitioner will not be independent in legal and criminal matters, and he can only help the judge in the process of proving the sentence as a witness (p. 180). | According to Qāsimī, medical examinations and tests cannot be used as evidence to prove crimes and the only effect of these examinations and tests in the criminology process will be to increase the judge’s knowledge, and they will not be useful without attachment to other evidence and indications (p. 175). According to him, the opinion of a legal medicine practitioner will not be independent in legal and criminal matters, and he can only help the judge in the process of proving the sentence as a witness (p. 180). | ||
=== Liability of the doctor if not obtaining permission === | === Liability of the doctor if not obtaining permission === | ||
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 | 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 === | === 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 verse on removing hardships, 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, 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 verse on removing hardships, 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). | ||