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Hebron University Research Journal-B (Humanities) - (مجلة جامعة الخليل للبحوث- ب (العلوم الانسانيه

Hebron University Research Journal-B (Humanities) - (مجلة جامعة الخليل للبحوث- ب (العلوم الانسانيه

Abstract


This research looks into the position of a practicing physician in light of Islamic jurisprudence towards a patient who is suspected of or confesses having committing adultery. The research aims to show the Islamic duty which is placed on physicians in such cases. The researcher has found out that a physician has to do his job without considering the legality of the pregnancy, for the right to life is a recognized principle in Islam, and it is one of a physician’s main duties to keep the secrets of his patients without being requested by the patient to do so; that knowing of pregnancy is a right of the pregnant by virtue of the principle of secret keeping; and that keeping professional secrets is not a crime even if were a secret of adultery, for the rule with sinners is advice for repentance. A physician, however, may choose not to conform to the rule if it is a matter of life or death of the baby in case the name of the mother is disclosed or if she asks for help after an attack from a relative. The researcher confirms the sanctity of abortion except in considered necessities, and he considers more probable that a repair of hymen requires a jurisprudence fatwa.

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