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Islamic Jurisprudential and Ethical Considerations of Practicing Medical Procedures on Nearly Dead Patients: Part Ii (Shiite Jurisprudents’ Viewpoints)



Ghasemzadeh N1 ; Asghari F1 ; Shirazi M2 ; Razini FF3 ; Larijani B1, 4
Authors
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Authors Affiliations
  1. 1. Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences, Tehran, Iran
  2. 2. Department of Medical Education, School of Medicine, Tehran University of Medical Sciences, Tehran, Iran
  3. 3. Department of Jurisprudence and Islamic Law, Urmia University, Urmia, Iran
  4. 4. Endocrinology and Metabolism Research Center, Endocrinology and Metabolism Clinical Sciences Institute, Tehran, Iran

Source: Journal of Medical Ethics and History of Medicine Published:2018

Abstract

Part one of the present study presented practical Islamic jurisprudential rules and investigated their application to performing medical procedures on nearly dead patients. It was contended that a dying patient could be used in medical education in cases where there is no alternative method, provided the patient voluntarily consents and is not offended. Part two of the present study addresses the issue by referring to the opinions of Islamic jurisprudents to find an appropriate solution to a challenging question in medicine, namely, whether clinical training of medical students on the dying person is permissible. For this purpose, istiftas (petitions or requests for a fatwa) were sent to prominent contemporary Shiite jurisprudents to solicit their opinions on the use of dying patients for medical education. After exploring the existing views, it was finally concluded that the majority of the jurisprudents allowed the practice in cases of “necessity” and provided that the principles of “no harm” and “consent” were strictly observed. All these terms are found in jurisprudential rules, and we reached the conclusion that Shiite jurisprudents considered this type of training permissible under certain circumstances and in accordance with jurisprudential rules. © 2018 Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences. All rights reserved.