Jurisprudence of treatment (book)

Line 53:

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 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 Emergent Jurisprudential 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 Therapeutics involving Proscribed Substances, 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 Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential 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 63:

In the second chapter, Muhammad-Ali Qāsimī discusses the jurisprudential ruling on medical examinations in the treatment process within four statements. In the first statement, competence of the The Attending Physician, the incompetent doctor and examination by students have been investigated. In the second statement, issues such as the doctor’s looking at the body of a patient of the opposite sex, looking at the private parts of other people and touching the body of a non-mahram person by the doctor have been discussed under the title of heterogeneity of the sexes of the doctor and the patient in examination and treatment. The third statement of this chapter deals with the role of the patient’s or his guardian’s permission in the examination and treatment process. and the fourth statement explains the position of medical examinations in proving crimes. This chapter ends with an appendix containing the fatwas of jurists about the doctor, the treatment team and the patient being of the same or different gender.

=== Jurisprudential-legal examination of treatment ===

In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ civil responsibility, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, ~~treatment with forbidden items~~ and committing impermissible actions have been investigated; annulling forbiddance because of urgency, treatment with intoxicants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.

In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ civil responsibility, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, Therapeutics involving Proscribed Substances and committing impermissible actions have been investigated; annulling forbiddance because of urgency, treatment with intoxicants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.

=== Doctors’ and Medical Personnel’s fees ===

Line 81:

=== 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 good faith, 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 ~~treatment with forbidden items~~ ===

=== Permission of Therapeutics involving Proscribed Substances ===

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).

According to Qāsimī, Therapeutics involving Proscribed Substances 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 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).

@@ Line 53: / Line 53: @@
 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 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 Emergent Jurisprudential 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 Therapeutics involving Proscribed Substances, 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 Therapeutics involving Proscribed Substances that is dealt with in this book. This book also discusses several Emergent Jurisprudential 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 63: / Line 63: @@
 In the second chapter, Muhammad-Ali Qāsimī discusses the jurisprudential ruling on medical examinations in the treatment process within four statements. In the first statement, competence of the The Attending Physician, the incompetent doctor and examination by students have been investigated. In the second statement, issues such as the doctor’s looking at the body of a patient of the opposite sex, looking at the private parts of other people and touching the body of a non-mahram person by the doctor have been discussed under the title of heterogeneity of the sexes of the doctor and the patient in examination and treatment. The third statement of this chapter deals with the role of the patient’s or his guardian’s permission in the examination and treatment process. and the fourth statement explains the position of medical examinations in proving crimes. This chapter ends with an appendix containing the fatwas of jurists about the doctor, the treatment team and the patient being of the same or different gender.
 ===  Jurisprudential-legal examination of treatment ===
-In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ civil responsibility, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, treatment with forbidden items and committing impermissible actions have been investigated; annulling forbiddance because of urgency, treatment with intoxicants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.
+In the third chapter, the legitimacy of treatment, cases of obligation of treatment, doctors’ civil responsibility, responsibilities of competent and incompetent doctors, the verdict for the doctor who refrains from treatment as well as aiding the injured have been explained under the statement on the jurisprudential ruling on treatment. In the second statement, Therapeutics involving Proscribed Substances and committing impermissible actions have been investigated; annulling forbiddance because of urgency, treatment with intoxicants, [[Narcotics|narcotics]] and [[Psychotropic drugs|psychotropic drugs]], jurisprudential ruling on [[Cosmetic surgery]], [[Energy therapy|energy therapy]] and [[Hypnosis|hypnosis]] are among the topics discussed in this section. The ideas of jurists and their responses to questions about treatment, various kinds of informed consent obtained from patients and the fatwas of jurists about energy therapy are among the appendices of this chapter.
 === Doctors’ and Medical Personnel’s fees ===
@@ Line 81: / Line 81: @@
 === 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 good faith, 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 treatment with forbidden items  ===
+=== Permission of Therapeutics involving Proscribed Substances  ===
-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).
+According to Qāsimī, Therapeutics involving Proscribed Substances 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 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).

Jurisprudence of treatment (book): Difference between revisions