Jurisprudential Investigation of the Role of the Expediency in Divulgence of Patients' Secrets

The central role of expediency (Maslahat) in Shia argumentative jurisprudence (Feqhe Estedlāli) is not hidden from anyone, to the extent that many jurists consider rulings sequences (Tābe') of benefits and detriments (Masāleb wa Mafāsed). One of the important areas of influence of expediency-oriented jurisprudence is the area of ​​newly emerging issues of medical jurisprudence (Feqhe Pezeshki), which can overcome the challenges facing this field. The function of expediency in the conflict between keeping the patient's secrets and respecting the important and emphasized interests of the Shari'a is one of the issues that requires proper reflection and research in this field. It is an issue that has not been seriously addressed in the field of medical jurisprudence. In this article, relying on the descriptive-analytical method and using the inferential and ijtihad style, the conflict between expediencies is analyzed to identify the cases that have more important criteria than protecting the privacy of the patient, cases such as preventing the spread of the disease, consultation about the characteristics of people, pre-marital tests, witness in courts, preventing crime, doctor's defense of his practice, educational and research purposes.