Physician's responsibility has long been recognized as a controversial issue among the professors and researchers of law and all the talks concern finding a scientific and fair basis for the physician's responsibility and acquittal. Although the physician's responsibility for the patient is of the classic issues raised in Islamic law, advances in medical sciences and opening new ways on the doctor[1]patient relationship and its regulation with the status of jus cogens by the government have withdrawn treatment of the patient from an old personal relationship recognized in jurisprudence. Technological advances in medical sciences demand an appropriate mechanism to be considered for meeting patient's safety and health, while the faulty doctor is responsible and the society is not deprived of medical services as well. The complex and unusual situation of "acquittal condition before treatment" raises the question whether this condition is the same as lack of responsibility conditioned in the contract to exempt a doctor from compensating a patient's loss, even though he/she has committed a fault. Given the importance of this issue, we decided to assess the necessity of obtaining patient's acquittal according to jurisprudential precepts and Islamic law in this article and answer the question of whether a doctor is responsible if he/she is not successful in the treatment due to a mere failure. In this review and library article, it was tried to initially offer a precise definition of the responsibilities, acquittal, and liability by a research through the religious and jurisprudential literature and then discuss of Shiite and Sunni scholars' views about the terms of physician's liability and acquittal.
