Effect of taking Exemption on excluding criminal responsibility from the physicians, considering Islamic Penal law 2013

Taking exemption from the patient or his guardian is a precondition that Iranian Legislator see as necessary for excluding responsibility from the physician in any legal medical operation, following to popular view in Islamic law (fig’h). According to article 495 from the Islamic Penal Law: “The physician is responsible for blood-money if he causes death or physical injury in his treatments, unless he observes the medical standards or takes exemption before the operation”. Despite emphasizing on necessity of taking exemption in the second part, the first note of article 495 states: “The physician hasn’t responsibility in case of lacking fault & negligence in the theory & practice, although he doesn’t take exemption”. So there is a kind of incompatibility between the article and its note. This essay is to present a solution for this problem by focusing on taking exemption from the patient or his guardian before any operation or treatment.