Medicine Religion

If Sharia ever comes to Canada, Canadian doctors had better invest in a herd of camels

Who needs malpractice insurance, when you could have Sharia law? Check out this question to an Imam by a Canadian doctor regarding his culpability if a patient of his dies, and the Imam’s answer:

Here’s the question (typos not corrected):

Im a doctor and i want to ask about if i make a mistake that leads to the death of a patient .. is it considered as killing by mistake ? … or just a professional mistake

what i want to ask that if i caused the death of a patient – by mistake – do i need to pay fedia anf fast for tow consequent months ? .. or it is enough to take the punishment stated by law … insurance and such stuff ?

And here’s Mufti Ebrahim Desai’s answer:

A medical doctor and his services fall in the category of Ijaarah (hiring) in Shari’ah. A patient hires the services of a medical doctor. The general principle regarding a hired person is that he is an Ameen (a trusted person). It is expected of him to carry out his services with honesty and trustworthiness. If he makes a pure human mistake and the patient dies, then the doctor will not be sinful.

However, he will have to pay a diyat (blood money) of 100 camels or 1000 Dinars (gold coins) or 10,0000 Dirhams (silver coins) in an Islamic country upon the order of the Qadhi.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

In a way, it doesn’t sound all that different from our present malpractice system here in the U.S., where a physician all too often ends up paying paying a judgment even when he did his best and was not at fault in the patient’s death.

(Hat tip: Jim Benton)

By Orac

Orac is the nom de blog of a humble surgeon/scientist who has an ego just big enough to delude himself that someone, somewhere might actually give a rodent's posterior about his copious verbal meanderings, but just barely small enough to admit to himself that few probably will. That surgeon is otherwise known as David Gorski.

That this particular surgeon has chosen his nom de blog based on a rather cranky and arrogant computer shaped like a clear box of blinking lights that he originally encountered when he became a fan of a 35 year old British SF television show whose special effects were renowned for their BBC/Doctor Who-style low budget look, but whose stories nonetheless resulted in some of the best, most innovative science fiction ever televised, should tell you nearly all that you need to know about Orac. (That, and the length of the preceding sentence.)

DISCLAIMER:: The various written meanderings here are the opinions of Orac and Orac alone, written on his own time. They should never be construed as representing the opinions of any other person or entity, especially Orac's cancer center, department of surgery, medical school, or university. Also note that Orac is nonpartisan; he is more than willing to criticize the statements of anyone, regardless of of political leanings, if that anyone advocates pseudoscience or quackery. Finally, medical commentary is not to be construed in any way as medical advice.

To contact Orac: [email protected]

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