Protection of Patients' Constitutional Rights in Telemedicine Practice Based on Sharia Principles

Abstract

Telemedicine has expanded access and increased the efficiency of healthcare services, while simultaneously driving medical innovation. However, challenges remain regarding the protection of patients' constitutional rights, namely the right to data security, the right to information, and the right to equal access to services. This study aims to analyze the extent to which the legal framework for telemedicine protects patients' constitutional rights and how Sharia principles can strengthen these protections. Adopting doctrinal legal research methods and a comparative approach, this study analyzes the constitutions, telemedicine regulations and guidelines, related legal instruments, and jurisprudence in Uganda and Oman. The results indicate that Uganda and Oman have taken initial steps in integrating legal and ethical protections into telemedicine regulations. However, weaknesses remain in aspects of health data governance and protection, professional accountability mechanisms, and the digital literacy levels of patients and healthcare workers. The existing legal framework does not fully guarantee equitable access and protection of patients' constitutional rights in telemedicine practices. This study proposes a normative and ethical framework based on Sharia principles to strengthen telemedicine regulations, ensuring medical safety, clarity of information, data protection, and equitable access to services. The contribution of this research lies in the development of a comprehensive Sharia-based normative approach, thereby enriching the telemedicine literature and providing guidance for designing fairer and more beneficial regulations, including for other countries with similar legal systems.