Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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== The Fiqhi Nature of Therapeutic and Medical Contracts == | == The Fiqhi Nature of Therapeutic and Medical Contracts == | ||
Considering the characteristics of being irrevocable (lazim), reciprocal (mu'awwadi), and consensual (ridayi), Mohaghegh Damad examines the nature of therapeutic contracts within the framework of three types of Fiqhi contracts: | |||
* Hiring of persons (Ijarah al-Ashkhas): Mohaghegh Damad points to seven flaws in applying therapeutic contracts to the contract of hire; including that the physician ( | * Hiring of persons (Ijarah al-Ashkhas): Mohaghegh Damad points to seven flaws in applying therapeutic contracts to the contract of hire; including that the physician (hired) is not subject to the orders of the patient (hirer), whereas such subordination is a prerequisite for hire contract. | ||
* Reward (Ju'alah): In this type of contract, the patient is committed to paying a fee and the physician is obligated to take medical action. However, one of the problems with this format is that the payment of the fee is contingent upon the realization of the result, whereas in treatment, the realization of the result is not certain. | * Reward (Ju'alah): In this type of contract, the patient is committed to paying a fee and the physician is obligated to take medical action. However, one of the problems with this format is that the payment of the fee is contingent upon the realization of the result, whereas in treatment, the realization of the result is not certain. | ||
* Independent or unspecified contract: These types of contracts, which had no precedent during the time of the Legislator (Shari'), are acceptable if they do not conflict with Fiqhi principles. Citing the principle of freedom of contract (Article 10 of the Civil Code of Iran), Mohaghegh Damad considers the medical contract to be an independent, special contract with its own mechanism that has Fiqhi and legal legitimacy.<ref>Mohaghegh Damad, Medical Fiqh, pp. 127–137.</ref> | * Independent or unspecified contract: These types of contracts, which had no precedent during the time of the Legislator (Shari'), are acceptable if they do not conflict with Fiqhi principles. Citing the principle of freedom of contract (Article 10 of the Civil Code of Iran), Mohaghegh Damad considers the medical contract to be an independent, special contract with its own mechanism that has Fiqhi and legal legitimacy.<ref>Mohaghegh Damad, Medical Fiqh, pp. 127–137.</ref> | ||