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February 10, 2026Open Access

Negligence in the Medical Profession: A Comparative Study of Islamic Law and Indonesian Law

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Authors

ZFZul FahmiSFSopi Ade FarizaNMNur Wasilah Agustina Mtd

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Overview

Comparative study highlights medical malpractice regulations in Indonesia and Islamic law, suggesting integrated approaches to enhance accountability.

Key Points

  • The study aims to compare how Indonesian positive law and Islamic law address medical malpractice and professional negligence.
  • Analysis of Indonesian positive law framework, including the Medical Practice Act and the Health Act.
  • Examination of Islamic criminal law principles related to medical malpractice.
  • Application of a conceptual and normative legal approach to evaluate both systems.
  • Indonesian positive law provides codified regulations and clear adjudication processes for malpractice.
  • Islamic law emphasizes moral accountability and offers flexible frameworks for addressing negligence.
  • An integrated approach combining both legal systems could enhance patient safety and promote accountability.

Cite This Study

Fahmi et al. (2025) studied this question.

synapsesocial.com/papers/698acad77c832249c30ba48fhttps://doi.org/10.5281/zenodo.18523641
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  3. 3Legal Protection for Medical Personnel Who Neglect Their Duties in Performing Medical Procedures Under Law No. 17 of 2023 on Health2025 · 1 citations
  4. 4Civil Liability in Medical Malpractice Cases in Private Hospitals2025
  5. 5Legal and Clinical Implications of Suspected Malpractice in Cesarean Section: A Case Study of Bekasi Regional Public Hospital2025