Research 9 ILIC 2019

Abstract:  Praise be to Allah, Lord of the worlds, peace and blessings be upon the best of His creation Muhammad and his family and companions:
Islamic law with its rules and regulations is comprehensive for the lives of those charged in all its aspects, and for all new issues and new ones. It is the mercy of God to make affection and compassion between the spouses, and considered them stronger bond and the connection between them and make each of the spouses clothing for the other, but disclosure of the secret is a lot of falling into society, especially when marriage. This is related to the three parties: the husband, the wife, and the doctor. The first party (the patient) is one of his secrets, and he has the right to conceal it and not to disclose it. The second party (husband or wife) has a relationship and partnership with the first party patient and has the right to inform the illness of his partner and may be affected by the illness of his partner. The third party (the doctor) is the holder of the patient’s secret, and he must cover up the patient because the secret is a great responsibility for him, and he is responsible for it, the doctor has two duties: the duty of the patient, and the need to keep his secret. And the duty to advise the other party who may be affected by this disease.
The importance of research lies in dealing with the issue of the most important medical issues of contemporary disclosure of the medical secret of the couple and not to conceal it when conducting a medical examination and inform them of its results, which has an impact on the other party.
The reason for choosing the subject is the need of the entire society to find appropriate solutions to this new problem and calls for the urgent need to resolve without prejudice to any of the parties. Doctors are exposed to this problem because they have two opposing duties: keeping the secrets and honesty and duty to protect them and the duty to advise the other party.
Based on the above, the problem of research lies in the conflict of interests and the provisions between these three parties namely husband, wife and doctor, the patient may not be in his interest to disclose his secret, which may affect his relationship with the other party, and may be entitled to ask the doctor not to disclose his secret, Is affected by the disease of the patient, and may be entitled to know this disease.
This effort to try to get to know the position of the doctor in the Islamic Sharia, whether to disclose the secret or conceal it and preserve it is a secretariat.