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Abstract

In this brief study, I have addressed the view of Islamic Law (Sharia) towards liability in medical malpractice. I have cited the views of early scholars from the four schools of Islamic jurisprudence as well as contemporary ones and quoted decisions issued by the jurisprudential academies in reference to this important subject. Moreover, the study sheds light on the position of Sharia especially with the introduction of multidisciplinary modern medicine treatments and the increased likelihood of consequent medical malpractice.

It is noteworthy that the doctor's commitment to the rules and principles of the medical profession without negligence absolves him/her of liability. References on liability are well documented on the Quran, the Sunnah, and the consensus.

By medical malpractice, I refer to the following: «the failure of the doctor or medical professional to meet his/her obligations as imposed by the professional requirements». The basic principle is that the commitment of the physician in the exercise of his/her profession with the necessary care, but not the outcome. Therefore, medical malpractice is considered negligence or breach of duty to practice vigilant care, which is consistent with the generally accepted scientific best practices.

Negligence in medical malpractice is the cause of liability as it resulted in harming the patients’ rights such as the amputation of a sound limb or organ instead of the diseased one, or loss of eyesight, and the like.

Medical malpractice is either material, defined as an error, which is not subject to the technical differences unrelated to recognized therapeutic methods; or technical: intended as a deviation of a medical professional from the terms and rules that govern the profession.

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