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 | 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 examining doctor’s competence and lack of competence, conditions for the permission of the doctor to look at the body of a patient of the opposite gender 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 form, the conditions for permission to treat with prohibited items 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 | 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 upcoming issues in the field of medical jurisprudence, in order to clarify the duties of obligees (patients and doctors) in dealing with diseases. Overwriting and quotations without documents is one of the criticisms directed at the Fiqh-i Darmān book. | ||
== Brief introduction == | == Brief introduction == | ||
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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 fees 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 fees 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 | 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 upcoming issues in the field of medical jurisprudence, to explain duties of obligees (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 == | ||
Overwriting 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 overwriting. 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 overwriting 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. | Overwriting 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 overwriting. 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 overwriting 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. | ||