The crime of the doctor's refusal to treat the patient "a jurisprudential study compared to positive law"

Document Type : Original Article

Author

Mansoura University Faculty of Law

Abstract

The principle of the sanctity of the human body requires the prohibition of touching it, but the necessity or need for treatment justifies what is prohibited by Sharia, and even if treatment is not considered a necessity, the need of the living for it comes down to the status of a necessity for which what is prohibited is permissible, and the Wise Legislator has commanded us to treat from what Diseases occur in the body in order to preserve public health and ward off certain doom, and this is necessary to refer to the people of experience among the medical people to practice what he studied and learned in medicine in treating patients, and to prescribe the appropriate treatment for him. 

Keywords