The Liabilities of a Physician in Islamic Jurisprudence and Law

rticle 319 of the Islamic criminal code of Iran, which has been based upon Islamic divine law, says: “Whenever a physician, although skillful and proficient in his treatments which are personally done or orders them to be done even with the permission of the patient or his parents, causes the death or disability or financial damages, will be liable.”But in paragraph 2 of Article 59 of the above-mentioned law it has been required that: “In any type of surgery or medical treatment, the permission of which has been given by the patient or his parents or guardians or any of their legal representatives, is not considered to be a criminal act, and in urgent circumstances obtaining consent is not necessary.”And in Article 60 it immediately adds the principle of exemption: “If a physician acquires permission before beginning treatment or surgery from the patient or his parent or guardian or the owner of the animal, he will not be legally liable for physical disabilities or financial damages and in emergency cases where obtaining permission is not possible nor will he be responsible for damages incurred. In this research all aspects of a physician’s responsibilities in relation to the patient are discussed drawing on great jurisprudents’ opinions as well as references in jurisprudence and law.