Investigating the Opinions of Imamiyeh Jurists Regarding the Doctor's Release from the Obligation

The principle of acquittal in jurisprudence means acquittal from duty and religion. The acquittal is the abrogation of the right that a person has over another's obligation, in other words, the forfeiture of a fixed right over another's obligation. According to the opinion of jurists, acquittal is a kind of unilateral obligation, and in jurisprudence texts, the doctor was responsible for the loss of the patient or his deficiency, because the loss was the result of his behavior, he intended the act and at the same time did not intend to commit a crime. Therefore, the patient's permission in his treatment does not conflict with the doctor's guarantee. All jurists believe in obtaining acquittal, which Imam Sadiq (a.s.) confirmed this issue by quoting the sayings of Amir al-Mu'minan Ali (a.s.). The legislator's action in granting the right of doctor's discharge to the patient himself or when he is not obligated or unable to discharge, to his religious guardian for the exemption from the guarantee due to his death is contrary to the opinion of the majority of Imamiye jurists. Some jurists have cited "the sovereignty of a person who is obligated to his own life" as a reason to prove the right of the patient to ask the doctor. The present article is written based on an analyticaldescriptive approach and valid library resources and documents, and the hypotheses in the study have been proven.