cover

Journal of Islamic Studies and Thought for Specialized Research

About the Journal :

Journal of Islamic studies and thought for specialized research, a magazine working in the field of intellectual reform and knowledge, as one of the pillars of the project of contemporary Islamic civilization.
The magazine seeks to be a port for scientists, thinkers, researchers and intellectuals to work hard to reform the Islamic thought and methodology at the nation level, exceeding the boundaries of language and region, to serve humanity as a whole in order to achieve the greater goal of promoting the levels of human thought at the global level.
The Journal of Islamic Studies and Thought for Specialized Research aims at providing high-quality scientific research in order to provide an excellent scientific material. It is useful for researchers, intellectuals and specialists to form a scientific reference in the process of achieving our vision. The magazine undertakes to communicate with researchers and writers from different walks of life to promote their research and articles. Including the scientific movement and intellectual efforts in the field of reform and promotion of the system of human thought.



PRESERVING THE PATIENT’S SECRETS AND PRIVACY BETWEEN ISLAMIC JURISPRUDENCE AND POSITIVE LAW


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.