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Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law

The ability to cure and alleviate harm has made medical practitioners vulnerable to expectations of the society. Society expects medical practitioners to unhesitatingly render assistance to those who are injured and in distress. In other words, medical practitioners are expected to act as ‘Good Sama...

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Main Authors: Jahn Kassim, Puteri Nemie, Shahul Ikram, Nur Adlin Hanisah
Format: Book Chapter
Language:English
Published: USIM Press, Universiti Sains Islam Malaysia 2018
Subjects:
K Law (General)
KBP Islamic Law
Online Access:http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf
http://irep.iium.edu.my/68933/
http://penerbit.usim.edu.my/
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spelling my.iium.irep.689332019-01-15T01:38:02Z http://irep.iium.edu.my/68933/ Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law Jahn Kassim, Puteri Nemie Shahul Ikram, Nur Adlin Hanisah K Law (General) KBP Islamic Law The ability to cure and alleviate harm has made medical practitioners vulnerable to expectations of the society. Society expects medical practitioners to unhesitatingly render assistance to those who are injured and in distress. In other words, medical practitioners are expected to act as ‘Good Samaritans’ who unselfishly comes to the aid of those who suffer harm, even though they are strangers. Such altruistic behavior has been incessantly reiterated in various provisions in the Holy Qur’an. In Surah Al-Maidah, verse 32, Allah swt stated to the effect “…and if anyone saved a life, it is as if he had saved the life of the whole mankind.” Further, in Surah Al-Nisa’, verse 36, Allah swt stated to the effect “…show kindness to parents, kinfolk, orphans, and those who are in need, neighbours who are near as well as neighbours who are strangers…”. The growing demands by the society for medical practitioners to act as ‘Good Samaritans’ have also triggered the enactment of various laws around the globe imposing criminal sanctions for failure to render assistance to the injured. In understanding these emerging responsibilities of medical practitioners, this paper seeks to discuss the duties and liabilities of medical practitioners when acting as Good Samaritans under the Shari’ah as well as the Civil Law. This paper will also examine the global development of ‘Good Samaritan Laws’ which offers legal protection for medical practitioners from being prosecuted for unintentional injury or wrongful death, with the aim of encouraging the engagement of such altruistic behaviour invariably. USIM Press, Universiti Sains Islam Malaysia 2018-12-01 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf Jahn Kassim, Puteri Nemie and Shahul Ikram, Nur Adlin Hanisah (2018) Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law. In: Contemporary and emerging issues in Syariah and Law. USIM Press, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan, pp. 129-138. ISBN 978-967-440-588-5 http://penerbit.usim.edu.my/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KBP Islamic Law
spellingShingle K Law (General)
KBP Islamic Law
Jahn Kassim, Puteri Nemie
Shahul Ikram, Nur Adlin Hanisah
Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
description The ability to cure and alleviate harm has made medical practitioners vulnerable to expectations of the society. Society expects medical practitioners to unhesitatingly render assistance to those who are injured and in distress. In other words, medical practitioners are expected to act as ‘Good Samaritans’ who unselfishly comes to the aid of those who suffer harm, even though they are strangers. Such altruistic behavior has been incessantly reiterated in various provisions in the Holy Qur’an. In Surah Al-Maidah, verse 32, Allah swt stated to the effect “…and if anyone saved a life, it is as if he had saved the life of the whole mankind.” Further, in Surah Al-Nisa’, verse 36, Allah swt stated to the effect “…show kindness to parents, kinfolk, orphans, and those who are in need, neighbours who are near as well as neighbours who are strangers…”. The growing demands by the society for medical practitioners to act as ‘Good Samaritans’ have also triggered the enactment of various laws around the globe imposing criminal sanctions for failure to render assistance to the injured. In understanding these emerging responsibilities of medical practitioners, this paper seeks to discuss the duties and liabilities of medical practitioners when acting as Good Samaritans under the Shari’ah as well as the Civil Law. This paper will also examine the global development of ‘Good Samaritan Laws’ which offers legal protection for medical practitioners from being prosecuted for unintentional injury or wrongful death, with the aim of encouraging the engagement of such altruistic behaviour invariably.
format Book Chapter
author Jahn Kassim, Puteri Nemie
Shahul Ikram, Nur Adlin Hanisah
author_facet Jahn Kassim, Puteri Nemie
Shahul Ikram, Nur Adlin Hanisah
author_sort Jahn Kassim, Puteri Nemie
title Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_short Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_full Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_fullStr Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_full_unstemmed Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_sort medical practitioners as 'good samaritans': the emerging duties and liabilities under the shari'ah and civil law
publisher USIM Press, Universiti Sains Islam Malaysia
publishDate 2018
url http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf
http://irep.iium.edu.my/68933/
http://penerbit.usim.edu.my/
_version_ 1643618683158790144
score 13.211869

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