The subject of Confidentiality is one of the main issues in the relationship between patients' and physicians'; and there are verses in the Koran as well as Hadiths referring to this issue in general. With regard to their ethical duties and the oath they have taken, physicians are obliged to abide by the conditions of the contracts they have signed with the patients' or with related organizations. Moreover, on the strength of article 648 of Islamic penalties law, disclosure of patients' secrets is a crim. The aim of the present research is to find a suitable response, in regard to "the jurisprudential and legal nature of medical confidentiality" in order to defend the patients' rights. The study has been carried out using descriptive - analysis method relying on jurisprudential and legal sources . It was revealed that there might be conditions when the physician has no way but to violate this confidentiality, nevertheless this disclosure should have the least harm for the patient.