Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 1029-1042 |
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Masoudi Nia M. The Relationship between Causes of Physician Verbs and Abortion Damage in Islamic Penal Code. MLJ 2021; 15 (56) :1029-1042
URL: http://ijmedicallaw.ir/article-1-1472-en.html
URL: http://ijmedicallaw.ir/article-1-1472-en.html
Department of Law, Payame Noor University, Iran
Abstract:
Background and Aim: The responsibility of the physician in the Islamic system of law has little background and can only be obtained by using the disseminated opinions of jurists in jurisprudential books such as diat, qisas, and so on. This study, while examining the sayings of the jurists, has explained the articles of the Islamic Penal Code and other laws such as the Code of Criminal Procedure and the Disciplinary Law of Physicians in relation to the causal relationship between physician actions and causing harm to the fetus.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Evaluation of jurisprudential arguments about the extent and effects of responsibility arising from the actions of the physician with regard to its prevalence and its prevalence has been considered by jurists. Jurists disagree on the responsibility of the blameworthy physician who does not have the necessary expertise or shortage of medical practice and the physician who, despite having sufficient expertise, is not allowed to receive treatment.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: These opinions themselves are divided into several categories and perceptions and determine the basis of the physician's responsibility. On the one hand, a large group of physicians who absolutely agree with the physician, and another group with no focus on a set of arguments, such as the rule of eligibility and physician liability, assume no responsibility. And another group that elaborated on the difference between failure and non-failure. The Islamic Penal Code of 2013 has amended some of its articles by amending some of the penal code of 1375.
Cite this article as: Masoudi Nia M. The Relationship between Causes of Physician Verbs and Abortion Damage in Islamic Penal Code. Medical Law Journal 2021; 15(56): e63.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Evaluation of jurisprudential arguments about the extent and effects of responsibility arising from the actions of the physician with regard to its prevalence and its prevalence has been considered by jurists. Jurists disagree on the responsibility of the blameworthy physician who does not have the necessary expertise or shortage of medical practice and the physician who, despite having sufficient expertise, is not allowed to receive treatment.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: These opinions themselves are divided into several categories and perceptions and determine the basis of the physician's responsibility. On the one hand, a large group of physicians who absolutely agree with the physician, and another group with no focus on a set of arguments, such as the rule of eligibility and physician liability, assume no responsibility. And another group that elaborated on the difference between failure and non-failure. The Islamic Penal Code of 2013 has amended some of its articles by amending some of the penal code of 1375.
Cite this article as: Masoudi Nia M. The Relationship between Causes of Physician Verbs and Abortion Damage in Islamic Penal Code. Medical Law Journal 2021; 15(56): e63.
Type of Study: Original Article |
Received: 2021/05/30 | Accepted: 2021/11/4
Received: 2021/05/30 | Accepted: 2021/11/4
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