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 Jurisprudential Precepts of medical examination and treatment in four chapters and several statements. This book discusses topics such as the The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram 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, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and 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 The Attending Physician’s Professional Qualification and lack of Professional Qualification, conditions for the permission of the doctor to look at the body of a patient of the Non-mahram 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, the conditions for permission to treat with Proscribed Substances and through impermissible actions, energy therapy, and the (Quran 4:29). | ||
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-Ijtihadic Approach method. It infers the issues related to treatment, especially the Emergent Jurisprudential Issues in the field of medical jurisprudence, in order to clarify the Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. Redundancy and Undocumented Citations is one of the criticisms directed at the Fiqh-i Darmān book. | 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-Ijtihadic Approach method. It infers the issues related to treatment, especially the Emergent Jurisprudential Issues in the field of medical jurisprudence, in order to clarify the Legal Obligations of the Accountable (Mukallaf) (patients and doctors) in dealing with diseases. Redundancy and Undocumented Citations is one of the criticisms directed at the Fiqh-i Darmān book. | ||
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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 (Quran 2:188) as well as violation of the medical oath, he believes in the | 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 (Quran 4:29) 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. | ||