Jurisprudence of treatment (book): Difference between revisions

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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 (Quran 22:78), 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 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 (Quran 22:78), 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 ===
=== 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 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).  
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 (Quran 2:188) 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 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.
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.