Shariah Rullings on Medical Consent
By: Dr, Qais B Mohammed Al Mubarak
Trans by: Sayyed Mohamed Muhsin
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In this book, Medical Contract: Sharīʿah Rulings on Medical Consent, the author Qais bin Mohammed Al Mubarak – a professor of Islamic jurisprudence in King Faisal University and member of Council of Senior Scholars in Saudi Arabia – meticulously formulates a discourse on medical contract in the light of Sharīʿahand delves into the definition, types and sources of Islamic legal rulings on medical consent. This work examines the nature of the contract in doctor-patient relationship and demonstrates the various ways through which valid consent is granted in health-care. In the deliberations on the legal capacities of the consent-giver, the author explores the elemental aspects and obstacles within active legal capacity followed by analysis of the guardianship of incompetent patients. In the last part of the book, he effectively analyses the obligations of the consent-taker and the causes of termination of medical contract.
Dr.Qais bin Mohammed Al Mubarak is Professor of Islamic Jurisprudence at King Faisal University, Al-Ahsa, Saudi Arabia and a member of Council of Senior Scholars in Saudi Arabia. He had obtained his PhD in Islamic law from University of Ez-Zitouna, Tunis. His books include Medical Responsibility from Sharīʿah Perspective (2013) and Reflections and Reviews on Islamic Legislation and Life (2014).
Sayyed Mohamed Muhsin is author of Fatāwā of Samasta: Operative Legal Rulings in South India (2017). He is Doctoral Candidate in Dept. of Fiqh and Uṣūl al-Fiqh at International Islamic University Malaysia. Currently, he is working on his PhD research entitled Medical Confidentiality Ethics in Light of the Islamic Legal Maxim ‘Harm Must be Eliminated’.