Alternative decision-making supervision in treatment

Document Type : Original Article

Authors

1 Professor of Islamic Jurisprudence and Foundations of Islamic Law, University of Tehran, Tehran, Iran.

2 PhD. Student of Islamic Jurisprudence and Foundations of Islamic Law, University of Tehran, Tehran, Iran (Corresponding Author)

Abstract

Because of the side effects caused by the treatment, it is necessary to obtain the consent of the patient before any medical procedure. Consent to the treatment of nonage patients is with their parents or legal representatives, who are known as alternative decision makers in medical ethics. The important issue is in the assumption that the decision to receive treatment is made by a person who, despite having legal capacity, is ignorant of medical affairs and treatment, whether his decision is related to his own illness or against his ward. In this assumption, his decision may be in conflict with the decision of the attending physician and against the patient's interest. Therefore, in this research, in order to resolve the difference of opinion between the doctor and the patient or parents who are ignorant of medical matters, the concept of alternative decision-maker in treatment has been removed from the monopoly of the parents and legal representative and has been extended to the council of doctors specializing in the field of the disease. As a result, by analyzing the concept of competence and jurisdiction in the field of medicine and treatment, in addition to having the legal capacity and authority to give permission and consent, the alternative decision maker must also have sufficient expertise or knowledge in the field of medicine and the disease. Based on the findings of this research, by referring to the public and referring to the applying evidence of cause to sustain a loss  to self and citing the texts that are clear about the observance of expediency and envy of the ward and rational demonstration, the opinion of experts in the field of medicine and the disease is preferred over the opinion of a non-specialist or ignorant person in medical affairs, Regardless of whether the mentioned person is sick or is a decision-maker in the position of the patient's parents.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 17, Issue 39
June 2025
Pages 91-122

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