Volume 9, Issue 5 (1-2017)                   ijme 2017, 9(5): 25-38 | Back to browse issues page

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Hosseini S A, Sadeghpour M J, Aghazadeh N. Physicians Responsibility: Examining the Islamic Penal Code (No. 495), Based on Changing Trajectory Imamia Jurisprudence. ijme. 2017; 9 (5) :25-38
URL: http://ijme.tums.ac.ir/article-1-5870-en.html
1- Assistant professor of figh and Islamic law Assistant professor of figh and Islamic law,Farabi College, Tehran University, Tehran, Iran.
2- PhD Candidate of Figh and Criminal law PhD Candidate of Figh and Criminal law, Center Juridical Research of Legal Medicine, Kharazmi University, Tehran, Iran. , jafar.samen.1367@gmail.com
3- PhD Candidate of Figh and Islamic law PhD Candidate of Figh and Islamic law, Islamic Azad University of Qom, Qom, Iran.
Abstract:   (2418 Views)

Since the beginning of the Imamia school of thought, Imamia scholars paid a great attention to issue of physicians’ responsibility. With a long-lasting debate on this issue, in most cases they have confirmed physician’s responsibility in medical error. However, in terms of a skilled medical doctor who treats the patient with no medical error but harm occurs, there is no consensus. Some scholars have said that if the physician had the patient’s (or family) consent for the treatment, then the physician is not guilty. In the contrary, some scholars believe that the physician still should bear the responsibility.This paper aims to examine the Islamic Pinal Code (no. 495) by relying on changing trajectory Imamia jurisprudence in exchange for claimed physicians’ responsibility. The legislators in Article 495 of the Islamic Penal Code (Act. 92), seems to take into account both mentioned perspectives and try to choose a middle way. However, in practice, this has caused confusion.

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Type of Study: review | Subject: jurisprudence
Received: 2017/02/19 | Accepted: 2017/05/22 | Published: 2017/05/22

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