Criminal liability arising from the practice of folk medicine: A comparative study by Dr. Aazi Khalaf Al-Duraji

The criminal responsibility arising from the practice of traditional medicine Author: Ghazi Hanoon Khalaf Al-Daraji Classification: Criminal Year of publication: 2017 ISBN: 9786144018187 Number of volumes: 1 Edition number: 1 Binding type: Sturdy cardboard Number of pages: 536 Size: 17*24 Weight: 1000 Type of paper: White Printing colors: Black and white Content of the book Introduction Preliminary chapter: The nature of traditional medicine and the historical development of criminal responsibility arising from its practice First section: The nature of traditional medicine First requirement: The concept of traditional medicine First branch: Definition of traditional medicine First: The linguistic definition of traditional medicine Second: The terminological definition of traditional medicine Second: Evaluation of traditional medicine First: Advantages of traditional medicine Second: Disadvantages of traditional medicine Second requirement: Types of traditional medicine First: Types of traditional medicine with spiritual nature First: Healing with the Holy Quran, Prophetic medicine Second: Treatment with music Second: Types of traditional medicine with material nature First: Types of traditional medicine represented by alternatives to conventional medicine and manual therapy Second: Types of traditional medicine represented by herbal medicine and Islamic medicine Second section: The historical development of criminal responsibility arising from the practice of traditional medicine First requirement: Criminal responsibility of the traditional healer in ancient times First branch: Criminal responsibility of the traditional healer among the Babylonians Second branch: Criminal responsibility of the traditional healer among the Pharaohs Third branch: Criminal responsibility of the traditional healer among the Jews Fourth branch: Criminal responsibility of the traditional healer among the Greeks Fifth branch: Criminal responsibility of the traditional healer among the Romans Second requirement: Criminal responsibility of the traditional healer in the Middle Ages First branch: Criminal responsibility of the traditional healer in canon law Second branch: Criminal responsibility of the traditional healer during the Crusades Third requirement: Criminal responsibility of the traditional healer in the Renaissance First part: Criminal responsibility of the traditional healer in light of the rules regulating the patient's right to bodily safety First chapter: The nature of the patient's right to bodily safety and the permissibility of medical acts affecting it First section: The nature of the patient's right to bodily safety First requirement: The concept of the patient's right to bodily safety First: The meaning of the patient's right to bodily safety in Islamic law Second: The meaning of the patient's right to bodily safety in the Penal Code Second: Distinguishing the patient's right to bodily safety from what is suspected First: The right to bodily safety and the right to life Second: The right to bodily safety and the sanctity of the body Second requirement: The content of the patient's right to bodily safety First: Elements of the patient's right to bodily safety First: The patient's right to the normal functioning of organs Second: The patient's right to maintain bodily integrity Third: The patient's right to freedom from pain Second: The scope of the patient's right to bodily safety First: The individual aspect of the patient's right to bodily safety Second: The social aspect of the patient's right to bodily safety Third: Balancing the two aspects of the patient's right to bodily safety Second section: Permissibility of medical acts by the traditional healer affecting the patient's right to bodily safety First requirement: The nature of medical acts and the basis for their permissibility for the traditional healer First branch: The nature of medical acts First: Definition of medical acts Second: Types of medical acts Third: Stages of medical acts Second branch: The basis for the permissibility of medical acts by the traditional healer First: Patient consent as the basis for permissibility of the traditional healer's work Second: Absence of criminal intent as the basis for permissibility Third: Therapeutic necessity as the basis for permissibility Fourth: Legal licensing as the basis for permissibility Second requirement: Conditions for the permissibility of medical acts by the traditional healer First: Legal licensing of the traditional healer's work Second: Patient consent to the traditional healer's work First: The subject of consent Second: Conditions of consent Third: Form of consent Third: Consideration by the traditional healer of scientific principles Fourth: Presence of therapeutic intent in the traditional healer Chapter Two: Practices of the traditional healer affecting the patient's right to bodily safety First section: The pillars of assault by the traditional healer on the patient's right to bodily safety First requirement: The material element in the assault by the traditional healer First: The criminal behavior of the traditional healer First: The meaning of criminal behavior Second: Forms of criminal behavior Second: The criminal result of the assault by the traditional healer Third: The causal relationship between the assault and the criminal result Second requirement: The moral element in the assault by the traditional healer First: The criminal intent in the assault Second: The intent of the assault Second section: Forms of assault by the traditional healer on the patient's right to bodily safety First requirement: Felonies of assault by the traditional healer First: Assault leading to death Second: Assault leading to permanent disability Second requirement: Misdemeanors of assault by the traditional healer First: Simple assault Second: Aggravated or described assault First: Assault by the traditional healer resulting in illness, disability, or injury, which warrants increased punishment Second: Assault caused by the use of weapons, harmful substances, or devices intended for this purpose Part Two: Criminal responsibility of the traditional healer in light of medical responsibility rules in civil law and Islamic law Chapter One: Criminal responsibility of the traditional healer according to medical responsibility rules in civil law First section: Responsibility of the traditional healer for unintentional error First requirement: The nature of unintentional error by the traditional healer First: The meaning of unintentional error Second: Elements of unintentional error Second: Nature of unintentional error First: Material error Second: Technical error Third: Types of unintentional errors by the traditional healer First: Error in diagnosis Second: Error in treatment Third: Error in supervision and monitoring during treatment Second requirement: Scope of unintentional error First: Forms of unintentional error First: Negligence and inattentiveness Second: Recklessness Third: Lack of caution Fourth: Non-compliance with laws, regulations, and orders Second: Crimes resulting from unintentional error First: Manslaughter Second: Unintentional harm Second section: Responsibility of the traditional healer for intentional error First requirement: Practicing the profession without a license First: Practicing medicine without a license Second: Practicing pharmacy without a license Second requirement: Criminal abortion First: Existence of pregnancy Second: The material element Third: The moral element Third requirement: Disclosure of medical secrets Chapter Two: Responsibility of the traditional healer according to medical responsibility rules in Islamic law First section: Rules of healing and medical treatment in Islamic law First requirement: Legitimacy of healing and its effects First: Legitimacy of healing First: It is not permissible to seek healing Second: Permissibility of seeking healing Second: Effects of legitimacy of healing First: Rules related to the medical practitioner Second: Rules related to the patient Third: Rules related to the disease Second requirement: Legitimacy of healing means First: Legitimacy of spiritual healing means First: Legitimacy of healing with incantations and amulets Second: Legitimacy of healing with talismans and charms Second: Legitimacy of material healing means Third section: Rules of medical treatment in Islamic law First requirement: Evidence of the legitimacy of the traditional healer's guarantee and its basis First: Evidence of the legitimacy of the traditional healer's guarantee Second: Basis for the absence of guarantee Second: Causes for the guarantee of the traditional healer and its effects First: Causes for guarantee First: Error Second: Intentional act Third: Ignorance of the fundamentals of the profession Fourth: Lack of general or specific permission Fifth: Lack of therapeutic intent Second: Effects of guarantee First: Blood money Second: Retaliation Third: Discretionary punishment Fourth: Forfeiture of fee Fifth: Prohibition from practicing the profession and restriction Conclusion