A written consent form dating back to 1524 in Bursa Şer’iye (Sharia Court) records and a proposal of a new start date for consent forms

Abstract

BACKGROUND AND OBJECTIVESQadi registers are important documents for Ottoman medical history research. “Sharia Court Records (Ser’iyye Sicilleri)” are notebooks that include the records that qadis kept with regard to their decisions and deeds. These registers are the only authentic sources from which to acquire information on rural life, away from the center of the town, and to understand the daily practices of the Ottoman society. The objective of this study is to provide evidence for the fact that the concept of informed consent on medical interventions, and hence the written consent documents arranged between patients and physicians, dates back to older times in our history when compared to the Western world.DESIGN AND SETTINGA large number of Ser’iyye (Sharia Court) record originals have been surveyed. The consent form registered as A-40. 221a in Ser’iyye (Sharia Court) Records found in Bursa has been presented here as the earliest consent document found by the authors. Transcription of the original document has been performed and analyzed. The aforementioned consent form dates back to 26/Dhu al-Qi’dah/933 (August 24, 1524).METHODSThe original version of the referenced consent document is the earliest consent document presented so far to the best of the authors’ knowledge; it was found in Bursa Ser’iyye Records and evaluated accordingly.RESULTSBased on the document, it is argued that the history of consent forms dates back about 500 years.CONCLUSIONObtaining consent in scientific research from human beings was considered to have originated from the Nuremberg Code (1949). However, with this study, it has been shown that the concept of informed consent was already present in the Ottoman Period, during the 16th century, and that the original consent document dates back to 1524, pertaining to a surgical intervention.

An example of Istanbul sharia court records (Ser’iyye Sicilleri) a start date for Home Care: A document date 1766

“…Geçmişte sağlık uygulamalarında birçok belgede bu konunun önemine vurgu yapıldığı görülmektedir. [33,34,35,36] İncelediğimiz belgede de bu konuya dikkat çekilmiş, hasta yakınının nezaretinde eve gönderilmiştir.…”

Surgeons, Hernia Surgery and Informed Consent in the Seventeenth Century Ottoman Istanbul

“…As a matter of fact, we can find informed consent forms in the Ottoman sharia court records from the early sixteenth century. [20, 21].…”

“…As a matter of fact, we can find informed consent forms in the Ottoman sharia court records from the early sixteenth century. [20,21]. According to Ottoman law, it is generally accepted that a surgeon cannot be held responsible for failures in surgery and that blood money (dem u diyet) cannot be requested from him.…”

Virtual autopsy and community engagement for outbreak response in Africa: traditional, religious and sociocultural perspectives

“…In the current climate, it would be more credible and appropriate if the lead on this comes from physicians/ scientists (providing an evidence-based approach) working jointly in cooperation with communities (including Muslims) to champion this cause and increase worldwide education of alternative choices to the conventional autopsy genuinely now available, with the potential for this to be available at no extra cost to them (Lancashire County Council 2018;Sajid 2016a;Sajid 2016b;Sayligil and Ozden 2014; Speech by HRH Prince Charles at Oxford centre for Islamic studies 1993; Sterns 2015; Sajid and Sajid 2007;Madadin et al 2014;Saad Foundation n.d.). This post-mortem issue can also be negotiated by members of the academic or theological fields willing to deal with those representing the health, medical or scientific fields.…”