Interventional clinical studies in Islamic law

Medical research on humans has always maintained its importance throughout the history of medicine. Medical research conducted on humans is called clinical research in medicine. Clinical trials can be conducted both observationally and interventionally. Only interventional clinical studies are included in the scope of these studies, as they involve direct intervention in humans. Clinical trials, serve various purposes, such as the discovery of the COVID 19 virus and even the discovery of many diseases and their treatments. In this respect, its importance for humanity is undeniable. However, in addition to this importance, the subject is also of interest to Islamic law, since there are risks that people may be exposed to in terms of being carried out on humans. For this reason, in this thesis, after mentioning the position and importance of clinical research in medicine, the clinical research principles, which are considered necessary in terms of medical ethics and positive law, have been examined in terms of Islamic law. In addition, by following a comparative method with Turkish criminal law, it is aimed to examine the crimes and penalties that may arise in cases where the principal investigator who carries out clinical research in terms of Islamic criminal law does not comply with the principles that must be followed while performing clinical research. In order to achieve this aim, interviews were held with faculty members of the history of medicine and ethics department, and the results were reflected in the thesis by scanning the recommended sources on the subject and using the document analysis method. As a result of our research, it can be said that physicians are also addressed in finding treatment for diseases in the approach of Islam that encourages research. In this respect, it can be concluded that the principles of clinical research, which is a research, are also followed, and that it is carried out after a certain necessity and after taking protective measures for people is a condition for Islamic law to accept these researches as legitimate. However, it is a fact that the responsible researcher, who carries out a research by not complying with these principles, has committed the crimes of qisas, diet and tazir, which are among the distinctions of Islamic law, and will be subject to punishment.