Non-maleficence in medical confidentiality: a Maqaṣid-based review

Muhsin, Sayyed Mohamed (2025) Non-maleficence in medical confidentiality: a Maqaṣid-based review. UAEU Law Journal, 39 (2). pp. 65-102. ISSN 3006-0281 E-ISSN 3006-029X

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Abstract

Although the concept of harm elimination is embodied in half of the discussions in Islamic jurisprudence, there is a clear lack of specialized and systematic studies on the different types of harm (ḍarar) from the perspective of five essentials (ḍarūriyyāt) of Maqāṣid al-Sharīʿah (objectives of Islamic law). Based on this, the research conducts a comprehensive study of what is known as the principle of non-maleficence in medical ethics, followed by founding the concept and its explanation in the Qur’an, the hadiths, and jurisprudential texts. Employing a deductive, analytical, and evaluative approach, this study classifies harm based on the five essentials of maqāṣid: the preservation of religion, life, family, intellect, and wealth. As the harm could appear in all these fundamental essentials, when a healthcare professional violates patient confidentiality, so that is the aspect has been detailed in this study. Furthermore, this study clarifies the conflicting views between individual rights and public rights regarding the practice of healthcare.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Harm (ḍarar); Non-Maleficence; Sharīʿah; Fiqh (jurisprudence); Medical Confidentiality.
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. R Medicine > R Medicine (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr. Sayyed Mohamed Muhsin
Date Deposited:	24 Jul 2025 09:13
Last Modified:	24 Jul 2025 09:13
URI:	http://irep.iium.edu.my/id/eprint/122210

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