Legal Challenges of Obtaining Advocacy in Health Care Affairs in Islamic Law

Given that the patient is independent and has the will and if there is no prohibition or restriction from the religious point of view, he has the right to make any decision in his medical affairs, the question is whether the patient that is unconscious for a period of time is competence to make a decision in advance? In recent decades, the knowledge of modern medical ethics with a patient-centered approach and attention to autonomous importance, by devising strategies such as lifelong will and advocacy in medical affairs. The purpose is to determine the patientchr('39')s will before the patient becomes incapable of making a decision and provide it to physicians to determine the patientchr('39')s treatment process.

In this article, a library study is performed using descriptive-analytical methods.

This research with a jurisprudential and legal approach and after a brief study of the solutions proposed in medical ethics, by describing and analyzing the jurisprudential arguments and opinions of jurists proves that although the medical will is not valid and effective, but the patient is able to get a lawyer in medical affairs to determine when he is unconscious and making decisions.

The findings suggest that a person may, in the form of a solh Contract and by considering the jurisprudential and social status of the contract, regulate his medical and therapeutic matters and delegate the decision to another person for the time of anesthesia or when he lacks the ability to make decisions.