Jurisprudence of treatment (book)

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== Organization of the book ==

Fiqh-i Darmān has been compiled in four chapters, several statements and a few appendices. In the first chapter of the book, the author has explained the Theoretical Framework of the research (explaining the ~~problem~~, background, necessity, method and research questions) and examined terms such as treatment, examination and Medical Screening

Fiqh-i Darmān has been compiled in four chapters, several statements and a few appendices. In the first chapter of the book, the author has explained the Theoretical Framework of the research (explaining the critique, background, necessity, method and research questions) and examined terms such as treatment, examination and Medical Screening

=== Jurisprudential ruling on medical examination ===

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.

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According to Qāsimī, Therapeutics involving Proscribed Substances such as Inebriants, 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).

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 critique 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-Ijtihadic Approach method in Fiqh-i Darmān, Mohammad-Ali Qāsimī draws inferences about issues related to treatment, particularly the Emergent Jurisprudential Issues in the field of medical jurisprudence, to explain Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. In this book, he has cited verses of the Quran, hadiths, The Practice of the Religious Community (Sīrat al-Mutasharriʿah) (Muslim Rational), [[Conduct of intellectuals|The Conduct of the Rational (Sīrat al-ʿUqalāʾ)]], Jurisprudential Precepts, and the Linguistic 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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== Review and evaluation ==

Redundancy 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 Unnecessary Expansion of Volume of the book. This ~~problem~~ is more observable when the text of verses or hadiths is long (p. 98). Excessive Etymological and Lexical Analysis and searches for the roots of words are other examples of Redundancy. 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 Individual Autonomy (pp. 107-123). The consecutive mention of the Established Fatwas of jurists is another example of Redundancy in this book (pp. 371-372). The author has mentioned the text of several Established Fatwas in the appendices of the book and sometimes in the main text, while the Succinct Synthesis of the fatwas could suffice.

Redundancy 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 Unnecessary Expansion of Volume of the book. This critique is more observable when the text of verses or hadiths is long (p. 98). Excessive Etymological and Lexical Analysis and searches for the roots of words are other examples of Redundancy. 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 Individual Autonomy (pp. 107-123). The consecutive mention of the Established Fatwas of jurists is another example of Redundancy in this book (pp. 371-372). The author has mentioned the text of several Established Fatwas in the appendices of the book and sometimes in the main text, while the Succinct Synthesis of the fatwas could suffice.

Among other criticisms of this book is that it quotes some sayings without Bibliographic Documentation to a specific source. In these cases, the author considers an idea as a basis and rejects or strengthens it without Substantiating the Claims (p. 82).

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 == Organization of the book ==
-Fiqh-i Darmān has been compiled in four chapters, several statements and a few appendices. In the first chapter of the book, the author has explained the Theoretical Framework of the research (explaining the problem, background, necessity, method and research questions) and examined terms such as treatment, examination and Medical Screening
+Fiqh-i Darmān has been compiled in four chapters, several statements and a few appendices. In the first chapter of the book, the author has explained the Theoretical Framework of the research (explaining the critique, background, necessity, method and research questions) and examined terms such as treatment, examination and Medical Screening
 === Jurisprudential ruling on medical examination ===
 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.
@@ Line 95: / Line 95: @@
 According to Qāsimī, Therapeutics involving Proscribed Substances such as Inebriants, 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).
+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 critique 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-Ijtihadic Approach method in Fiqh-i Darmān, Mohammad-Ali Qāsimī draws inferences about issues related to treatment, particularly the Emergent Jurisprudential Issues in the field of medical jurisprudence, to explain Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. In this book, he has cited verses of the Quran, hadiths, The Practice of the Religious Community (Sīrat al-Mutasharriʿah) (Muslim Rational), [[Conduct of intellectuals|The Conduct of the Rational (Sīrat al-ʿUqalāʾ)]], Jurisprudential Precepts, and the Linguistic 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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 == Review and evaluation ==
-Redundancy 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 Unnecessary Expansion of Volume of the book. This problem is more observable when the text of verses or hadiths is long (p. 98). Excessive Etymological and Lexical Analysis and searches for the roots of words are other examples of Redundancy. 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 Individual Autonomy (pp. 107-123). The consecutive mention of the Established Fatwas of jurists is another example of Redundancy in this book (pp. 371-372). The author has mentioned the text of several Established Fatwas in the appendices of the book and sometimes in the main text, while the Succinct Synthesis of the fatwas could suffice.
+Redundancy 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 Unnecessary Expansion of Volume of the book. This critique is more observable when the text of verses or hadiths is long (p. 98). Excessive Etymological and Lexical Analysis and searches for the roots of words are other examples of Redundancy. 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 Individual Autonomy (pp. 107-123). The consecutive mention of the Established Fatwas of jurists is another example of Redundancy in this book (pp. 371-372). The author has mentioned the text of several Established Fatwas in the appendices of the book and sometimes in the main text, while the Succinct Synthesis of the fatwas could suffice.
 Among other criticisms of this book is that it quotes some sayings without  Bibliographic Documentation to a specific source. In these cases, the author considers an idea as a basis and rejects or strengthens it without Substantiating the Claims (p. 82).

Jurisprudence of treatment (book): Difference between revisions