Physicians' civil liability for breach of contract in the treatment of patients in Islamic jurisprudence

Civil liability is one of the most important issues in all jobs. Meanwhile, the importance of this issue in the medical profession is doubled, considering that the medical profession is related to the physical and mental condition of individuals from one perspective and on the other hand is part of the medical obligations that have moral aspects and public conscience. This issue has not been neglected in the knowledge of jurisprudence, and in the principles of Shiite jurisprudence, there are two views on the responsibility of the physician with the phrase "physicianchr('39')s guarantee". But others believe that the physician is not the guarantor in this case, and that their reason is based on the principle of innocence. In this qualitative article, the descriptive-analytical method and collection of information in the form of library and documentary views on jurisprudential and legal views on the civil liability of physicians and the guarantee of disciplinary, criminal and legal enforcement of medical violations will be examined. One of the most important results of this study is that in Islam, the good faith of the physician has been discussed and the physicianchr('39')s intention is to cure the patient, and if he commits an unintentional fault, he may be morally responsible, but he is responsible for compensation. There is no damage. Because the emphasis of the Holy Quran in the words "And we are on the good side of my mustache" and "the punishment of the good of the good except the good" is a proof of the good intention and the intention of the doctor. There is a difference of opinion among jurists regarding the responsibility of the physician, and the Islamic Penal Code recognizes the basis of the physicianchr('39')s fault, although this fault can be assumed and proven otherwise.