The objectives of this research is Defining medical liability from the legal stand point of view by showing judgment of the wise legislator with regard to the subject matter So comes this research as a rooting attempt for a contemporary medical issue so as to come to a medical jurisprudential opinion about it, and so I carried out an effort to root legal medical concepts by a continuous endeavor in the field where a fertile Islamic jurisprudence is available on which contemporary medical practices rest on in Muslim countries.