In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 79 (10/8) Confidentiality in Medical Professions
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 8th session in Bandar Seri Begawan, Brunei Darussalam, on 1–7 Muḥarram 1414h (21–27 June 1993),
Having examined the research papers submitted to the Academy concerning
Confidentiality in Medical Professions,
Having listened to the discussions on the subject,
Resolves
First: A confidential matter is whatever someone tells another with either a prior or subsequent request to keep it secret. This includes matters which are conventionally known to be of confidential nature, including a person’s private characteristics or defects that he or she is loath to make public.
Second: A private matter is a confidence in the hands of the person entrusted with it, in accordance with Shariah principles and with the ethics of magna- nimity and good conduct.
Third: As a fundamental principle, disclosing secrets is a prohibited matter and disclosing them without a genuine motive warranting it, is reprehensible under Shariah.
Fourth: Confidentiality is even more of a duty for professionals working in fields that are adversely affected by indiscretion, such as medical professions. Such professionals are resorted to for the sake of advice and assistance to peo- ple who open up to them and share anything that may help them fulfill their vital tasks properly. This may include information that is kept from everyone, including one’s own family.
Fifth: Exceptionally, the duty of confidentiality is not imposed in cases where the retention of secret may entail a damage greater than that which might other- wise be suffered by its patient, or where the disclosure of the secret may lead to a public interest that overweighs in importance the risks of its retention. Such cases are of two categories:
- Cases where a secret must be broken on the grounds of the principle
of committing a lesser evil to avoid a greater one, and the principle of achieving a public interest which requires bearing individual harm to prevent public harm if necessary. These include two categories:
- To protect society against
- To protect an individual against
-
Cases where it is permissible to disclose a secret:
- To ensure a public
- To prevent a public
In all these cases, the objectives and priorities defined by Shariah must be re- spected in terms of the preservation of faith, life, intellect, progeny, and wealth.
Sixth: Exceptional cases regarding the binding nature of confidentiality must be clearly stipulated in the codes of practice of medical and other professions. Such cases must be clearly defined and listed, with full details on how and to whom the secret can be disclosed. Relevant authorities need to familiarize each and everyone with these cases.
Recommendation
Calling on medical unions, health ministries and medical faculties, to include this subject in their curricula, give it its due importance and familiarize medi- cal workers with the whole issue, as well as to issue relevant resolutions on this subject, and benefit from the research presented thereon.
Indeed, Allāh is the Giver of success.
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