رضایت به درمان بیماران ناهوشیار از منظر فقه و حقوق موضوعه

Based on Islamic punishment act, people’s treatment should be with the consent of patient or his warden. This issue is definite about conscious wise adult and incapable peoples but about unconscious wise adult peoples is inconclusive because of lack of incapacity and caution. Two theories there are about this issue that the theory that is in compliance with our legal and juridical principles and basics is that in these issues should be taken the consent of governor (Valiie Faqih). New Islamic punishment act confirm this theory too. The governor’s authority is so long as the patient isn’t conscious so after that should patient’s consent being taken.