In-Text Citation: (Faeda abo brain2021)
To Cite this Article Dr. Faeda abo brain.(2021) preserving the patient’s secrets and privacy between islamic jurisprudence and positive law, Journal of Islamic Studies and Thought for Specialized Research (JISTSR), 7 (2), 233 - 246
Abstract:
This study aimed to analyze the positive Israeli laws related to the patient's rights to preserve his secrets and privacy and the extent of their conformity with the foundations and rules of Islamic Sharia, and their comprehensiveness to the purposes of Sharia.
To answer the study question, the inductive research method and text analysis were followed, the results showed that the right to preserve the patient's secrets and privacy is guaranteed in the Israeli constitution, and achieves many Sharia purposes, where he created guarantees to respect the patient's life and privacy because it may be subject to violations, including: keeping his secrets even after the end of treatment, except in very restrictive circumstances, as if his disease were contagious, or there is a danger to the health and life of others, or if the court orders to clarify a crime or deny an accusation against an innocent person. By comparison, we find that Islamic legislation preserves this right, where it is forbidden to spy on aspects of public and private life, and the most accurate of which is the healthy life of individual, he has the right not to disclose his secrets, and this right necessitates the physician's obligation to keep his secrets.
Keywords: patient privacy, disclosure of secrets, private life, patient rights.