Ruling on Testing Medicine on a Patient
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Q1: What is the ruling on testing medicine on a person (sick or healthy) to prove its efficacy and effect , given that the medicine has already proven its efficacy theoretically and through experiments on mice?
A1: Testing medicine on humans is one of the serious matters that requires accumulated expertise not found among beginner students, and because of the severe harms that may result from it, and due to the hadith of 'Abdullah ibn 'Amr (may Allah be pleased with them both), who said: The Messenger of Allah (peace and blessings be upon him) said:Sunan ad-Daraqutni 26:39 It was narrated by
Abu Dawud, al-Nasa'i, Ibn Majah, and al-Hakim, and he authenticated it. And because the legal principle is that averting harm takes precedence over seeking benefit, the Committee therefore holds that this is not permissible.
Q2: What is the ruling on taking a sample of blood, urine, or stool from a patient or a healthy person for scientific research?
A2: It is necessary to obtain permission from the person from whom the sample is taken for scientific research, and to inform them of the aims and objectives of the research and what follows from it. If the sample is blood for DNA analysis, the effect of which extends to others, then it is necessary to obtain the judge's permission.
Q7: Is it obligatory to obtain permission from the person from whom a blood, urine, tissue, or X-ray image was previously taken for the hospital for diagnosis, in order to use it for scientific research?
A7: If the owner is not known, there is no harm in using it for scientific research. However, if the owner is known, it is necessary to obtain his permission for that.
A1: Testing medicine on humans is one of the serious matters that requires accumulated expertise not found among beginner students, and because of the severe harms that may result from it, and due to the hadith of 'Abdullah ibn 'Amr (may Allah be pleased with them both), who said: The Messenger of Allah (peace and blessings be upon him) said:
Whoever practices medicine without knowing medicine is liable for damages
من تطبب ولم يعلم منه طب فهو ضامنAbu Dawud, al-Nasa'i, Ibn Majah, and al-Hakim, and he authenticated it. And because the legal principle is that averting harm takes precedence over seeking benefit, the Committee therefore holds that this is not permissible.
Q2: What is the ruling on taking a sample of blood, urine, or stool from a patient or a healthy person for scientific research?
A2: It is necessary to obtain permission from the person from whom the sample is taken for scientific research, and to inform them of the aims and objectives of the research and what follows from it. If the sample is blood for DNA analysis, the effect of which extends to others, then it is necessary to obtain the judge's permission.
Q7: Is it obligatory to obtain permission from the person from whom a blood, urine, tissue, or X-ray image was previously taken for the hospital for diagnosis, in order to use it for scientific research?
A7: If the owner is not known, there is no harm in using it for scientific research. However, if the owner is known, it is necessary to obtain his permission for that.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
