Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 37-50 |
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Rahmani Manshadi H. Liability of Physician in Biomedical Research from Viewpoint of Imamieh Jurisprudence. MLJ 2022; 16 :37-50
URL: http://ijmedicallaw.ir/article-1-1550-en.html
URL: http://ijmedicallaw.ir/article-1-1550-en.html
Department of Law, Political Sciences and History, Yazd University, Yazd, Iran
Abstract:
Background and Aim: One the most important issues in the field of medical sciences are the ethical, legal and religious framework of researches that is done on human subject for development of science. In this paper we review the reasons of liability and non-liability of physician in biomedical research to explain the view of Islamic law in this matter.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and internet sources and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The theory of non- liability of the physician, which is accepted by contemporary jurists and the Islamic Penal Code, only includes Therapeutic researches and other standard medical measures, and its ruling cannot be extended to non-therapeutic researches.
Conclusion: Based on discussions made in this paper is clear that based on Islamic jurisprudence, the theory of non-liability of physician in Therapeutic research seems to be more accurate but given that the reasoning for lack of liability does not apply to the scientific and non-therapeutic researches, so according to Islamic rules, the liability theory in scientific research is closer to the truth.
Please cite this article as:
Rahmani Manshadi H. Liability of Physician in Biomedical Research from Viewpoint of Imamieh Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e3.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and internet sources and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The theory of non- liability of the physician, which is accepted by contemporary jurists and the Islamic Penal Code, only includes Therapeutic researches and other standard medical measures, and its ruling cannot be extended to non-therapeutic researches.
Conclusion: Based on discussions made in this paper is clear that based on Islamic jurisprudence, the theory of non-liability of physician in Therapeutic research seems to be more accurate but given that the reasoning for lack of liability does not apply to the scientific and non-therapeutic researches, so according to Islamic rules, the liability theory in scientific research is closer to the truth.
Please cite this article as:
Rahmani Manshadi H. Liability of Physician in Biomedical Research from Viewpoint of Imamieh Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e3.
Type of Study: Original Article |
Received: 2021/07/9 | Accepted: 2022/07/6
Received: 2021/07/9 | Accepted: 2022/07/6
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