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- by Dr. Mohammad Haitham Al-Khayat

Patient's Rights and Doctor's Obligations

AIDS and sexually transmitted diseases are different from other diseases to which people may fall victim.  AIDS and sexually transmitted diseases are in a special category because of the sensitivity they create in the relationship between the patient and society as well as in between patient and doctor.

It is recognized that the standards of education about sexuality and health in countries of this Region are much lower than in many other parts of the world. Conversations on sexual relations are always shrouded in embarrassment, which prevents frank discussion and leads to ambiguity: Hence, participants in the Regional Consultation on the Role of Religion and Ethics in the Prevention and Control of AIDS fell that it was important for them to deal with the question of the rights of patients and afflicted persons. They concluded that, no matter what the cause or the means of infection, the integrity of patients and afflicted persons should never be infringed, compromised or violated.

This conclusion is based on the strict religious prohibition of ridiculing or making fun of others. The Quranic injunction in this respect is very detailed: " Believers! No men shall deride other men: it may well be that those (whom they deride) are better than themselves; and no women (shall deride) other women: it may well he that those (whom they deride) are better than themselves. And neither shall you defame one another, nor call one another names" (49; I I ). It is also backed by the general rule prohibiting causing hann to anyone as stated in the hadith: "There shall be no infliction of harm on self or others".

Medical practitioners should inform their patients of the nature of their illness, and of the precautions necessary to prevent the spread of infection from the patient to others with whom the patient comes in contact, whetller a wife, husband, children or other relatives.

Participants also agreed that a married person is entitled to be infonned of his her spouse's infection. Both doctor and patient should cooperate fully, in confidence, in choosing the most suitable metllod and appropriate time to inform the husband or wife, as the case may be.

Participants also noted that laws of the countries of the Region remain short of being able to protect AIDS victims or carriers of the HIV virus. While these countries do cater materially and socially for victims of other diseases such as diabetes and psychiatric disorders, the current legislative and administrative framework in these countries does not provide similar care for victims of AIDS or carriers of the HIV virus.

To remedy this situation consolidated efforts, by experts and those concerned with medicine and social work, at both the individual and community levels, are required to provide victims with the social care and welfare they deserve. Work in these fields comes under the general framework of "charity" which Islam makes obligatory(40), as well as the framework of the "cooperation" which is also made obligatory by the Quranic order. "Help one another in what is good and pious" (5:2). The Prophet says: "Whoever is able to benefit his fellowman should do so"(41).

The role of the medicai practitioner has also come under discussion. Agreement was clear that a doctor must be bound by the rules, requirements and ethics of the medical profession, including not abandoning the treatment of an AIDS patient, no matter how serious the condition may be. Practitioners are obliged to inform patients of the nature and extent of their affliction and explain to them their duty regarding the prevention of the spread of infection to others.

Since the incidence of AIDS in the countries of the Region is relatively new, the participants drew attention to the need for medical practitioners to keep abreast of new developments in the disease and the methods for its control. It must be ensured that medical personnel, with no knowledge of essential information on this disease, its symptoms, effects and the methods available for dealing with patients afflicted with it, are not allowed to treat cases of AIDS victims. Participants stressed the Islamic rule that "whoever practices medicine without qualification should be penalised and made liable to make compensation (to those to whom he may cause harm)".