Medical Errors in Islamic Jurisprudence: An Analytical Study
DOI:
https://doi.org/10.52783/jns.v14.2345Keywords:
Medical Errors, Physician Liability, Medical Ethics in Islam, Negligence in MedicineAbstract
Medical errors are a complex issue that requires careful examination in light of Islamic jurisprudence, as they involve various legal and ethical considerations related to civil and criminal liability, the principles of liability (ḍamān), and the distinction between error (khaṭā’) and negligence (ta‘addī). This study explores how classical and contemporary Islamic jurists have addressed medical errors, outlining the principles governing physician responsibility and analyzing their applicability in modern medical practice.
The research aims to define medical error within Islamic jurisprudence, differentiate it from intentional harm and negligence, and evaluate the extent of a physician’s liability according to different Islamic schools of thought. Additionally, it compares Islamic rulings with modern medical laws to assess their compatibility. The study concludes that Islamic jurisprudence offers a comprehensive framework for addressing medical errors, balancing physician accountability with fairness, and emphasizing the role of expertise and customary practices (‘urf) in determining liability.
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