Feasibility of Implementing the Theory of Safety Obligation in Medical Practices in Accordance with Imamia Jurisprudence and Iranian Civil Liability Law

Oreeiy, Mojtaba; Mirii, Hamid; Esmaeili, Aliakbar

doi:10.22034/jccj.2025.517936.1719

Feasibility of Implementing the Theory of Safety Obligation in Medical Practices in Accordance with Imamia Jurisprudence and Iranian Civil Liability Law

Document Type : Original Article

Authors

Mojtaba Oreeiy ¹

Hamid Mirii ²

Aliakbar Esmaeili ³

¹ Ph.D Student, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

² Assistant Professor, Department of Theology, University of Gobad Kavous, Gonbad Kavous, Iran. (Corresponding Author)

³ Assistant Professor, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

10.22034/jccj.2025.517936.1719

Abstract

One of the key issues in medical law is the liability of healthcare professionals. Proving a physician's fault as the primary basis for medical claims is often a challenging and time-consuming process, which may hinder patients from obtaining compensation for damages. Hence, the theory of "safety commitment" is introduced as an independent and effective basis in civil liability, emphasizing compensation even in the absence of a physician's fault. This study examines the feasibility of implementing the theory of safety commitment in Iranian law, considering legal, Islamic jurisprudential, and customary foundations. Findings reveal that although this theory is not explicitly stipulated in Iranian regulations, it can be aligned with the legal system through principles such as no-harm (La Zarar) and causation (Tasbib) within Islamic jurisprudence, customary practices governing medical contracts, and certain articles of the Iranian Civil Code. Adopting this theory could play a significant role in safeguarding patients' rights and reducing unresolved medical disputes.

Keywords

Civil Medical Liability

Safety Commitment

Fault

Custom

Compensation