THE CONDITIONS AND CIRCUMSTANCES OF THE CIVIL LIABILITY OF PHYSICIANS IN ISLAMIC JURISPRUDENCE AND THE STATUTORY LAWS OF AFGHANISTAN

The civil liability of physicians in Islamic jurisprudence and the statutory laws of Afghanistan is one of the complex and sensitive issues in medical law, referring to the responsibility of doctors towards patients and the consequences resulting from their medical actions. Civil liability of a physician means their obligation to compensate for financial, physical, or emotional damages caused to patients. This liability typically arises when a doctor fails to fulfill their duties or performs unauthorized or negligent medical procedures. The aim of this study is to examine the conditions and circumstances under which physicians are held civilly liable under Islamic jurisprudence and Afghan statutory law. The central question of this research is: under what conditions and circumstances is a physician liable according to Islamic jurisprudence and Afghanistan’s laws? It appears that if a physician causes harm to a patient due to negligence, lack of caution, or excessive treatment, they are considered liable. This research is conducted through library-based sources and employs a descriptive-analytical method. The findings indicate that a physician cannot be deemed absolutely liable or entirely acquitted; rather, they are liable in cases where they fail to obtain prior consent (discharge of liability), lack sufficient expertise, or commit negligence. Otherwise, they are not considered liable.