(International Journal of Fiqh and Usul al-Fiqh Studies, 2020-09-08) عساف, محمد
This study examines the relationship between the medical liability and the intents (maqāṣid) of Sharīʿah. It shows how the
degree of liability varies according to the presence of the elements of the general intent. Liability increases when all elements
of the intent are present and reduces upon the absence of some of them. It may also be removed altogether in the case of a
special legal intent as in a medical surgery, allowed by the Lawgiver, taking into account the intent of preserving a life. The
study also explains the conditions for the legitimacy of medical action. It concludes that the doctor is not liable for the
results of his action as long as he is committed to the conditions of legality, and does his work properly, but he, however is
held accountable for the result of his act, if he is negligent, or he pretended to be a doctor or committed a grave error, or if
he has an illegal intent different from the patient’s treatment