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Refusing to treat patients is a crime
By Abdulmuhsin Al-Harithi
Published in The Saudi Gazette on 12 - 04 - 2010

If a medical practitioner refuses to treat a patient then this person is guilty of a crime, according to delegates at a Fiqh (Islamic jurisprudence) conference here on the medical profession.
Other issues discussed at the conference Sunday include resuscitation, drug manufacturing and marketing, medical banks, determining the gender of fetuses and the ethics of the profession. The conference is entitled: “Modern Medical Issues” and is being held at the Imam Muhammad Bin Saud Islamic University.
Comparative Fiqh professor at the Judiciary High Institute, Dr. Ahmad Bin Yousif Al-Duraiwish, said he considered it haram – not allowed - for medical practitioners to refuse to treat a patient.
However, he did not have a firm position – whether it is halal or not - on stopping the resuscitation of patients in certain circumstances.
Comparative Fiqh professor at the Shariah and Islamic Studies Faculty of Al-Ahsa, Dr. Abdullah Bin Ibrahim Al-Mousa, said that a doctor who works privately is entitled to refuse to treat a patient. This is in contrast to doctors at public hospitals who cannot refuse, because if they did so they would face criminal or civil charges. However, if there are not enough doctors, then it becomes the duty of those in private practice to treat patients. The ruler may also force them to do so. This includes pharmacists and other professions needed by society, he said.
Deputy Dean of the Shariah and Islamic Studies Faculty in Al-Ahsa, Dr. Abdulkarim Bin Muhammad Al-Smaeel, said a person who is able to provide medical assistance in an emergency and does not do so, is a sinner. He said most scholars agree that a person in this position must pay blood money. For example, a doctor would be liable to pay blood money if a baby dies in a mother's womb because the doctor failed to remove it.
He argued that it is haram to turn off devices keeping a patient alive even in cases where the patient's condition is not going to improve. He considers this murder, except in cases where the devices are needed to save the life of another person who is medically more likely to recover.
Other issues that delegates are likely to discuss include plastic surgery on the face and breast, hair transplants and other issues. The conference is scheduled to issue recommendations on Monday.
The three day conference was opened Saturday by Prince Naif Bin Abdul Aziz, Second Deputy Prime Minister and Interior Minister Saturday.
In his speech Prince Naif said that there have been a number of mistakes made in the profession recently and it was necessary for Muslim scholars and medical doctors to come up with rules and measures to serve as guidelines for the profession.


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