Principles of Compensation for the Transfer of Infectious Body Products in Islamic Jurisprudence

Background and Objectives: Careers related to body products are targeted toward saving patients from certain death. Such careers serve a necessary and important role. In case of the incidence of any human fault and organizational failure within the irreparable course of body product manufacturing, the negligent person is liable to pay compensation according to the principle of Tasbeeb (causation). Althoughno negligence has occurred in almost all cases, in case of incidence, it is impossible to prove. Regarding this, the present study aimed to find a good solution to vindicate the rights of patients under such circumstances. Methods: The review study was conducted using the library recourse for data collection. Results: If infectious products are transferred directly, the conductor does not need to have committed the fault to prove liability according to the principle of Itlaf (wasting). On the other hand, if causes involved in the transfer of products are found to have committed a the fault, their liability can be proved under the principle of Tasbeeb. Conclusion: When the causing agents involved in the transfer of products have not committed a the fault, or their fault is not proved, the principle of Ghorur (deception) will be a good solution that protects the deceived victims. Patients who trust a wide and complex organization and its equipment, which is solely responsible for the important task of transferring the body products, and refer to it with confidence, are actually deceived by its appearance, and this brings about the means of deception rule to be enforced.  

Keywords:

Legal Liability , Compensation and Redress , Jurisprudence.