Jurisprudence of treatment (book)

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== 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 fees~~ .<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).

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 fees~~ 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 upcoming issues, such as [[The role of medical examinations in proving crimes|the role of medical examinations in proving crimes]] and [[Energy therapy|energy therapy]].

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 upcoming 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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According to Qāsimī, treatment with forbidden items such as intoxicants, 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).

=== Permissibility of receiving fees for practicing medicine and forbiddance of receiving bribe ===

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 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 ==

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 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.

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 == 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 fees .<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).
-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 fees 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 upcoming issues, such as [[The role of medical examinations in proving crimes|the role of medical examinations in proving crimes]] and [[Energy therapy|energy therapy]].
+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 upcoming issues, such as [[The role of medical examinations in proving crimes|the role of medical examinations in proving crimes]] and [[Energy therapy|energy therapy]].
@@ Line 84: / Line 84: @@
 According to Qāsimī, treatment with forbidden items such as intoxicants, 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).
 === Permissibility of receiving fees for practicing medicine and forbiddance of receiving bribe ===
-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 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 ==
 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 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.

Jurisprudence of treatment (book): Difference between revisions