Medicine is a collective duty by practice and learning, and this might stipulate thereon as any permission job. The cure is either allowable or a bit due , and becomes duty if there was a damage when we left it. Insurance the spoiled caused by the doctor to the patient`sbody during the treatment has different rules according to the doctor situation and job circumstances, and we can classify prerequisites of this guarantee and behoove him to five degrees inception by the most Insurance one:
- Intentional action requires Kisas (punishment)] if he killed the patient by his treatment, he must be killed; and if he spoiled an organ from the patient's body, it must spoiled equivalent part from the doctor's body[ agreemently.
- Nasty ignorance, unpermission and infringement the based occupation rules, it requires Kisas or wergild.
- officinal error, it requires the wergild, agreemently.
- Refusing the cure, it requires the wergild. But some jurists said: it doesn`t require any kind of the punishment, and Ebn Hazem said: it requires Kisas.
- Small ignorance and infringement the occupation rules which are not based, it requires the wergild or it requires nothing.
May, if there is no intent of the cure, the rule vacillates among these five degrees according to the size of damage, alternative intent and knowledge the patient by that. So Insurance is according to the degree it fell in. The decrepitude between the doctor and patient when the damage happened- follow what it adjust between any two contractors, with deference what the doctor have an idiosyncrasy which let him far from suspicions mostly
"Compensation for Medical Malpractice According to Sharia Rules.,"
Journal Sharia and Law: Vol. 2005
, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2005/iss24/3