MEDICAL LIABILITY IN MEDIEVAL ISLAMIC LAW AND PRACTICE

To what extent was the medieval medical practitoner liable for the damage that his treatment might cause to his patient’s body? The Sharī‘a (according to the Hanafī tradition) determines that unlike other hired employees who are liable for damage resulting from their handling the object of deposited with themz the medical practitioner is not liable for such demage. His exemption from liability is qualifiedz howeverz by two stipulations: he must not act without permissionz and his treatment of the patient must follow the accepted professional procedure. This article describes the accumulative process by which the two stipulations developed. It then examines the application of these stipulations in practicez by analyzing two medieval fatwās issued within Persian Muslim communities in Balkh and Kirmān. The practice reflected in these fatwās is highly compatible with Shar‘ī law.