Sayyid Mostafa Mohaghegh Damad: Difference between revisions
| Line 105: | Line 105: | ||
* 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. | * 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. | ||
* | * Wage contract (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 achieving result, whereas the result in treatment is unknown. | ||
* Independent | * Independent indeterminate contract: These types of contracts, which had no precedent during the Age of Legislation (Tashri'), are acceptable provided that 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 that has its own mechanism and is legitimate according to Fiqh and law.<ref>Mohaghegh Damad, Medical Fiqh, pp. 127–137.</ref> | ||
== Fiqh of the Environment == | == Fiqh of the Environment == | ||