The state is responsible for protecting public health A comparative study Between Iraqi law and Islamic jurisprudence

Author:
ABDUL JALEEL KADHIM HASHIM AL-MOZANI
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Muhammad Rasool Ahangaran

Most Islamic laws and jurisprudence refer to the human right to live in a good environment, which guarantees a healthy and happy life, and society, through the government, guarantees this right by providing health services to individuals. Health rights of individuals, as enshrined in Article 30 of the current Iraqi Constitution in 2005 on the government’s commitment to social and health security for the individual and the family, and also states that the government guarantees the social and health security of Iraqis if guaranteed. In addition, Article 31 provides that every Iraqi has the right to health care, and that the government is responsible for public health care and guarantees prevention and treatment by establishing a variety of hospitals and health facilities, and It is not limited to this, but is initiated to support the encouragement of individuals and bodies to establish private hospitals, clinics, or private health homes under government supervision and in accordance with the law governing this. Purity means purity. This is the first thing a Muslim man and woman study in Islamic jurisprudence, where the goal is to cover universal health for all. It specializes in ensuring that everyone has access to the quality of health care they need without experiencing problems. To ensure a healthy life and to support the increase of justice in health outcomes, because it allows even the poorest people to pay for health care, medical and health professions are humanitarian and ethical professions that are basically based on knowledge and those who Practicing it requires familiarity with it and sufficient training to practice it so that it does not take responsibility for it. Therefore, it is not allowed to deal with it, except for those who are aware of its essence and are qualified to do it, and restrict medical and health professions to people who are qualified to do them. The law of medicine and health is to do it without permission, and criminal penalties are mentioned for it, and Islamic jurisprudence explicitly stated the protection of human health, because the laws of Iraq and Islamic jurisprudence eagerly ensure the morality of these professions for As in this study, we relied on descriptive and analytical use. Therefore, we will trust this in our study. The concept of public health and how to protect it in a comparative study refers to the most important laws and lawyers that deal with it and clarifies the government’s responsibility to protect public health.