A New Study about the Criteria of the Medic's Entitlement and Responsibility.

In all types of Shariah and customary contracts, such as rent, lease, etc., if the hirer or lawyer is not at fault, the Holy Sharia of Islam does not consider him to be a guarantor and places him in the position of a trustee, medical operations, if in the form of one of If contracts are made, there is a possibility that he will be a trustee and if he does not default, the guarantee will be removed from him. In Article 495 of the Islamic Penal Code, medical operations are dealt with in the same way and if there is no fault, it does not consider him as a guarantor. Although there is a difference among Shia jurists regarding the guarantee and non-guarantee of a doctor, but the famous jurists have agreed on the guarantee of a qualified and expert doctor.

This is a library-based and descriptive-analytical research, which is done by using jurisprudence and hadith texts, the law of the Islamic Republic of Iran, and the bylaws of private and government medical centers.

The jurists decided on two main views regarding the guarantee of the doctor's error; The guarantee of the doctor in any case in such a way that even the satisfaction and innocence of the patient does not relieve him from the guarantee. lack of doctor's guarantee, which itself has two types;First part: lack of doctor's guarantee in all cases.Second part: guarantee unless he has obtained a letter of acquittal from the patient.