Islamic Center of Southern California

The International Islamic Code for Medical and Health Ethics

CHAPTER 9

Medical Behavior and Physician Rights and Duties

Physician Rights

Article Ninety-Three:

A physician has the right to be provided by society with the means of training, acquiring scientific qualification, and drawing regulations that guarantee the high quality of health establishments and their performance, in accordance with internationally recognized standards.

Article Ninety-Four:

A physician has the right to have the opportunity of continuing education through conferences, seminars, scientific gatherings, libraries, scholarships, courses for the refinement of information and skills, and other means. He should not fail to keep up and interact with the latest professional developments in his field of specialization.

Article Ninety-Five:

A physician has the right to be treated by society with due respect and appreciation and be accorded all the human and civil rights enjoyed by other, normal people. He should not to be suspended or prevented from practicing unless this is done within the limits of the law. During any investigation or judicial procedure, his dignity must be respected, he should have legal protection, and he should enjoy the right to defend himself when he commits any violation of the law.

Article Ninety-Six:

A physician has the responsibility to extend the needed care to a patient of his but not to cure him.

Article Ninety-Seven:

When a physician is treating a patient for a fee, it is permissible for them to reach an agreement that payment is contingent on recovery.

Article Ninety-Eight:

A physician should not be influenced physically or morally, or forced to perform or refrain from performing a task related to his professional practice, unless this is done within the limits of the law. He should not be forced to testify against his conscience and should enjoy the full immunity due to him when invited to give an opinion or a technical testimony before a court of law or an investigation authority.

Article Ninety-Nine:

A physician may refer a patient to another doctor or health establishment for diagnosis or treatment, in accordance with the regulations that cover such cases, taking into consideration the following:

a. The doctor to whom the patient is referred should have specialized experience that can benefit the patient.

b. The first physician should communicate, verbally or in writing, to the doctor to whom he is referring the patient the information he believes to be necessary for continuing the treatment.

c. The referral should not be prompted by a belief that the patient's case is incurable or by financial motivation.

Article 100:

A physician has a claim on the health authority members to assist him in carrying out his instructions, to discuss things with him in order to get an explanation whenever possible, and to observe and never go beyond the limits of their profession in their fields of specialization.

Supporting Islamic Legal Evidence:

I. In the Glorious Quran:

1. "They [i.e. women] have as many rights as they have obligations." (Al-Baqarah II: 228).

2. "A group from each contingent should stay behind, instruct themselves in religion, and admonish their people when they return to them" (Al-Tawbah IX: 128).

3. "The noblest among you in God's consideration are those who fear Him the most" (Al-Hujuraat XLIX: 13).

II. In the Prophet's Tradition:

1. 1. "A person who does not respect our elderly, is not merciful to our young, and does not observe what is due to scholars is not one of us." (Cited by Al-Haakem and Ahmad in his attributed collection.)

2. 2. In an attributed tradition quoting 'Aisha, "Concede to people their due positions." (Cited by Abu Dawood.) Islamic Center of Southern California