Shariah Principles of Liability Arising from the Treatment Contract and the Physician’s Commitment to them
DOI:
https://doi.org/10.52783/jns.v14.2341Keywords:
Medical liability, treatment contract, Islamic jurisprudence, duty of care, contractual liability, tortious liability, criminal liabilityAbstract
This study examines the Shariah principles governing physician liability within the framework of a treatment contract, analyzing the extent to which physicians adhere to these principles in Islamic jurisprudence and modern legal systems. The research focuses on the concept of medical liability and its legal foundations, distinguishing between contractual and tortious liability while discussing whether a physician’s obligation is to exert due care or guarantee a specific outcome. Furthermore, it explores civil and criminal liability from an Islamic perspective and reviews modern legal applications to assess their compatibility with Islamic jurisprudential principles. The study employs inductive and analytical methodologies, drawing on relevant jurisprudential and legal texts.
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