If it is not possible to obtain the permission of the patient or his guardian, and if the patient has a condition that can not be delayed, the medical work and the situation are permissible, and there is no guarantee on the part of the patient because he is good to the patient.
This issue was discussed by the Islamic Fiqh Academy of the Islamic Conference of the OIC at its eighteenth session in Malaysia from 24 to 29 Jumada II 1428H (9-14 July 2007)
And decided the following:
First: Medical measures and procedures may be taken in emergency cases (emergency medicine) without the need to take the consent of the patient or his guardian in the following cases:
(A) The patient is in a state of severe fainting or in cases where consent can not be obtained prior to intervention.
B - The patient is in a serious health condition that requires death and requires rapid intervention before obtaining approval.
(C) The patient does not have any of his relatives who have the right to consent with time constraints.
Second: Medical intervention is required in such cases:
1- The treatment shall be based and recognized by the competent health authorities.
2 - The need for a specialist doctor in a team of not less than three doctors to approve the diagnosis and treatment proposed, with the preparation of a report signed by the team.
3. The expected benefits of treatment should outweigh its harm while minimizing risk.
4 - After the patient's answer to the doctor explain the full details of him.
5. Treatment shall be free of charge and, if it has costs, shall be determined by a neutral specialist."
This issue was discussed by the Islamic Fiqh Academy of the Islamic Conference of the OIC at its eighteenth session in Malaysia from 24 to 29 Jumada II 1428H (9-14 July 2007)
And decided the following:
First: Medical measures and procedures may be taken in emergency cases (emergency medicine) without the need to take the consent of the patient or his guardian in the following cases:
(A) The patient is in a state of severe fainting or in cases where consent can not be obtained prior to intervention.
B - The patient is in a serious health condition that requires death and requires rapid intervention before obtaining approval.
(C) The patient does not have any of his relatives who have the right to consent with time constraints.
Second: Medical intervention is required in such cases:
1- The treatment shall be based and recognized by the competent health authorities.
2 - The need for a specialist doctor in a team of not less than three doctors to approve the diagnosis and treatment proposed, with the preparation of a report signed by the team.
3. The expected benefits of treatment should outweigh its harm while minimizing risk.
4 - After the patient's answer to the doctor explain the full details of him.
5. Treatment shall be free of charge and, if it has costs, shall be determined by a neutral specialist."