Islamic jurisprudence on harm versus harm scenarios in medical confidentiality

Muhsin, Sayyed Mohamed (2024) Islamic jurisprudence on harm versus harm scenarios in medical confidentiality. HEC Forum, 36 (2). pp. 291-316. ISSN 0956-2737 E-ISSN 1572-8498

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Abstract

Although medical confidentiality is widely recognized as an essential principle in the therapeutic relationship, its systematic and coherent practice has been an ethically challenging duty upon healthcare providers due to various concerns of clinical, moral, religious, social, ethical and legal natures. Medical confidentiality can be breached to protect the patient and/or others if maintaining confidentiality causes serious harm. Healthcare professionals may encounter complicated situations whereby the divulgence of a patient’s confidential information may pose a threat to one party whereas the concealment of such information may cause harm to another. After deliberating on the Islamic concept of harm (ḍarar), this paper focuses on the dual duty and conflicts of interests faced by healthcare professionals in the practice of medical confidentiality. Referring to serious infectious diseases with a special mention of AIDS, this study also provides discourse on how healthcare professionals deal with difficult scenarios of conflicts of interests and ethical dilemmas.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Medical confidentiality Ethics Disclosure Harm Doctor Healthcare Patient Islamic legal maxim Ḍarar
Subjects:	BPK Islamic law. Shari'ah. Fiqh K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP 3098 Medical legislation
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr. Sayyed Mohamed Muhsin
Date Deposited:	09 Jan 2023 09:50
Last Modified:	01 Jul 2024 10:35
URI:	http://irep.iium.edu.my/id/eprint/103091

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