Prioritization in Medical Treatment During Calamities and Wars (The Palestinian Case as a Model) A Jurisprudential and Maqāṣid-Based Study
Publication Type
Original research
Authors
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The topic of prioritization in medical treatment is one of the most significant and prominent issues in recent times, particularly after the war on the Gaza Strip. Physicians resort to this approach when there is an abundance of casualties and a shortage of medical resources. Establishing standards to regulate prioritization is essential to save the largest possible number of injured individuals.

This study consists of three sections. The first section explains the concept of prioritization in treatment and its causes. The second section addresses the concept of objectives and Sharia-based criteria, as well as the Sharia objectives to be considered during prioritization, which include public interest, medical reports, timing, and drawing lots in cases where individuals have equal eligibility. The third section discusses examples of situations where prioritization is permissible and impermissible, along with the Sharia-based implications of prioritization in both types of cases.

In conclusion, the researchers arrived at several findings, the most important of which is that there are cases where prioritization among the injured is permissible and others where it is not. A physician is neither considered sinful nor legally accountable if prioritization is performed according to Sharia-based criteria, and no liability is incurred. However, the physician is legally accountable and considered a cause of death if prioritization occurs in situations where it is impermissible.

Keywords: Prioritization, injured individuals, Sharia-based criteria, treatment.

 

 

 

 

Journal
Title
مجلة كلية العلوم الإسلامية
Publisher
جامعة بغداد
Publisher Country
Iraq
Publication Type
Prtinted only
Volume
202
Year
2025
Pages
45