حکم اخذ وجه مازاد بر تعرفه توسط پزشکان (زیرمیزی) در مراکز خصوصی از منظر فقه و حقوق

Background and aim: Based on the principle of "Freedom of Contracts" and many arguments such as Tijara-An-Traz which translates as "Trade based on Mutual Consent", autonomy and mutual consent of the parties is considered the most important factor for legitimacy of contracts and deals. Today, however, treatment contracts in the private sector are limited with government’s intervention regarding the financial relationships between doctors and patients and physicians are required to follow governmental rules. Method: This study uses a descriptive analytical methodology and data were collected from libraries. Findings: According to preliminary rulings, the government cannot set a certain price for the business of health staff in private centers and cannot force doctors to abide by it and the physician can, through an agreement with the patient, set a price for his medical services based on his skill, experience, gravity of the operation, common sense, and economic conditions of the society and there is no judicial reasoning on the prohibition to receive such money. Some others have accepted the legally binding nature of the governmental laws based on religious rulings but they do not believe it also concerns such examples and details of governmental laws and do not regard this issue as a religious ruling. Conclusion: it is incumbent upon everybody to protect Islamic society and setting tariffs for medical services by the government is one of the ways to protect people’s rights regarding healthcare; otherwise, every physician can charge staggeringly extra money from the patients and many people may be deprived from these medical services. On the other hand, when the accept the legally binding nature of governmental rules and regulations, we cannot exclude these cases from such laws because every whole identity cannot be separated from its parts, therefore, not only is receiving kickbacks the criminal act, it is also religiously prohibited and the physician has committed a sin and must return the money received from the patient. Please cite this article as: Heydari H, Karimi N, Malek Afzali M, Tanha F. Ruling of Extra-Tariff Received by Doctors (Kickbacks) in Private Medical Centers from Jurisprudence and Law Viewpoint. Iran J Med Law 2017; 10(39): 57-78.